Tessera, Inc. v. Advanced Micro Devices, Inc. et al

Filing 1509

ORDER Granting Joint 1505 Stipulated Request for Order to Expedite Briefing and Hearing of Tessera's 1507 Emergency Motion to Enforce Settlement Agreement and ASE's Cross-Motion to Rescind the Term Sheet Agreement. Responses due by 10/25/2014; Replies due by 10/28/2014; Replies due by 10/31/2014. Signed by Judge Claudia Wilken on 10/21/2014. (ndr, COURT STAFF) (Filed on 10/21/2014)

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Fred H. Bartlit, Jr. (Pro Hac Vice) ([e-mail])
Eric R. Olson (Pro Hac Vice) ([e-mail])
Sean Grimsley (SBN 216741) ([e-mail])
Sundeep K. (Rob) Addy (Pro Hac Vice) ([e-mail])
Nosson D. Knobloch (Pro Hac Vice) ([e-mail])
Bartlit Beck Herman Palenchar & Scott LLP
1899 Wynkoop St., 8th Fl.
Denver, CO 80202
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff and Counterdefendant Tessera, Inc.
Steven J. Rizzi (Pro Hac Vice) [e-mail]
Ramy E. Hanna (Pro Hac Vice) [e-mail]
Foley & Lardner LLP
90 Park Avenue
New York, NY 10016-1314
Tel: [phone]
Fax: [phone]
Attorneys for Defendants and Counterplaintiffs Advanced Semiconductor
Engineering, Inc., and ASE (U.S.) Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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Tessera, Inc.,
Plaintiff and Counterdefendant,
v.
Advanced Micro Devices, Inc., et al.,
Defendants and Counterclaimants.

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AND RELATED CASES

Case No. 4:05-cv-04063-CW
JOINT STIPULATED REQUEST
FOR ORDER TO EXPEDITE
BRIEFING AND HEARING OF
TESSERA’S EMERGENCY
MOTION TO ENFORCE
SETTLEMENT AGREEMENT,
AND ASE’S CROSS-MOTION TO
RESCIND THE TERM SHEET
AGREEMENT

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Joint Stipulated Request to Expedite
Case No. 4:05-cv-4063-CW

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff and Counterdefendant Tessera,

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Inc. (“Tessera”), and Defendants and Counterplaintiffs Advanced Semiconductor Inc., and

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ASE (U.S.), Inc. (collectively, “ASE”), submit this Joint Stipulated Request for Order to

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Expedite Briefing and Hearing of Tessera’s Emergency Motion to Enforce Settlement

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Agreement (“Motion to Enforce”), and ASE’s Cross-Motion to Rescind the Term Sheet

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Agreement (“Cross-Motion to Rescind”).
WHEREAS, Tessera and ASE entered into a Term Sheet Agreement on or around

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February 20, 2014 in connection with a mediation session before Judge Infante.
WHEREAS, Tessera and ASE endeavored to prepare and finalize a long-form

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settlement agreement, but are at an impasse on one remaining term. Tessera is concurrently

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filing its Motion to Enforce in which it seeks an order enforcing the Term Sheet Agreement

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as written, dismissing the parties’ claims and counterclaims, and taking the trial off-calendar.

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ASE intends to file a Cross-Motion to Rescind seeking to void the Term Sheet Agreement

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and proceed to trial.
WHEREAS, a Final Pretrial conference is scheduled for November 5, 2014, and trial

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is scheduled to begin on November 10, 2014.

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WHEREAS, the parties jointly request that their motions be briefed and heard on an

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expedited basis and resolved prior to the trial because ASE is the last remaining defendant in

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the case and resolution of the motions will be dispositive of whether the trial should

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proceed, and there is not enough time before the trial for the motions to be briefed and

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heard under the normal 35-day briefing schedule.
WHEREAS, the parties have not previously sought an order changing time on the

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Motion to Enforce or the Cross-Motion to Rescind.1

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As required by Civ. L-R 6.2, the parties provide the following brief list of the prior orders
or stipulations modifying time in this case: D.E. 196: Order Granting Plaintiff Tessera,
Inc.’s Motion to Shorten Time for Hearing on Motion for Clarification of Discovery
Obligations; D.E. 402: Order Granting in Part Plaintiff’s Motion for Modification of the
Case Management Schedule, Vacating Dates in Case Management Schedule and Ordering
Parties to Show Cause why Court-Appointed Expert Should not be Appointed; D.E. 740:
Amended Order Setting Briefing Schedule Regarding Tessera’s Motion for a Declaratory
Ruling that it has Complied with the Court’s November 1, 2007 Order, and the ST
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Joint Stipulated Request to Expedite
Case No. 4:05-cv-4063-CW

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NOW, THEREFORE, the parties, by and through their counsel of record, subject to
the approval of the Court, hereby jointly request and stipulate as follows:
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2014 (subject to a 15-page limit);

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Tessera shall file its Emergency Motion to Enforce on or before October 20,

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ASE shall file a consolidated Opposition to Tessera’s Motion to Enforce,

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and Cross-Motion to Rescind, on or before October 27, 2014 (subject to a

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25-page limit);

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3.

Tessera shall file a consolidated Reply in Support of Its Motion to Enforce,

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and Opposition to ASE’s Cross-Motion to Rescind, on or before October

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31, 2014 (subject to the 25-page limit for oppositions);

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4.

before November 3, 2014 (subject to a 15-page limit);

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ASE shall file a Reply in Support of its Cross-Motion to Rescind on or

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To the extent a hearing is required, a hearing on the Motion to Enforce and

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Cross-Motion to Rescind shall take place at the Final Pretrial Conference on

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November 5, 2014, at 2:00 PM.

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Defendants’ Renewed Motion for a Preliminary Injunction; D.E. 1119: Special Master’s
Order on Motion for Extension of Scheduled Dates; D.E. 1125: Order Granting
Unopposed Motion to Shorten Time Regarding Motion for Relief From Case Management
Schedule; D.E. 1192: Order Approving Report and Recommendation Regarding Schedule
and Trial Date; DE 1292: Stipulation and Order Modifying Case Management Schedule; DE
1319: Order Granting Motion to Short Time [on Motion to Provide Summary of
Defendants’ Supplemental Expert Reports to the Court-Appointed Expert]; DE 1411: Order
Regarding Motions to Alter Case Schedule; DE 1419: Amended Order Regarding Motions
to Alter Case Schedule; and DE 1504: Order Regarding Remaining Defendants.
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Joint Stipulated Request to Expedite
Case No. 4:05-cv-4063-CW

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DATED: October 20, 2014

BARTLIT BECK HERMAN
PALENCHAR & SCOTT LLP

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By : /s/ Nosson D. Knobloch

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Attorneys for Plaintiff and Counterdefendant
Tessera, Inc.

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DATED: October 20, 2014

FOLEY & LARDNER LLP

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By: /s/ Steven J. Rizzi

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Attorneys for Defendants and Counterclaimants
Advanced Semiconductor Engineering, Inc., and
ASE (U.S.) Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED. except:
,
Tessera's motion is due 10/20/2014; ASE's cross-motion/opposition is due 10/25/2014; Tessera's reply/opposition is
due 10/28/2014 by 12:00 PM; ASE's reply is due 10/31/2014 by 12:00 PM; and the pretrial conference will be held on
DATED: at 2:00 PM.
____________________________________
11/5/2014
The __________________________________
Honorable Claudia Wilken
Dated: 10/21/2014
United States District Judge
The Honorable Claudia Wilken
United States District Judge

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Joint Stipulated Request to Expedite
Case No. 4:05-cv-4063-CW

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CERTIFICATION OF CONCURRENCE
I hearby attest that concurrence in the filing of this document has been obtained
from counsel for ASE, Steven J. Rizzi.

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DATED: October 20, 2014

BARTLIT BECK HERMAN
PALENCHAR & SCOTT LLP

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By : /s/ Nosson D. Knobloch

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Attorneys for Plaintiff and Counterdefendant
Tessera, Inc.

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Joint Stipulated Request to Expedite
Case No. 4:05-cv-4063-CW