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

Filing 896

ORDER re 895 granting JOINT STIPULATION CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES. Case Management Conference set for 6/22/2010 02:00 PM.. Signed by Judge Claudia Wilken on 12/16/09. (scc, COURT STAFF) (Filed on 12/16/2009)

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FOLEY & LARDNER LLP Robert E. Camors, Jr., CA BAR NO. 121204 Gina A. Bibby., CA BAR NO. 242657 975 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: 650.856.3710 [e-mail] [e-mail] FOLEY & LARDNER LLP Steven J. Rizzi (ADMITTED PRO HAC VICE) [e-mail] 90 Park Avenue New York, NY 10016 Telephone: [phone] Facsimile: 212-687-2329 Attorneys for Defendants and Counterclaimants Advanced Semiconductor Engineering, Inc., and ASE (U.S.), Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION TESSERA, INC., Plaintiff, Counter-defendant, v. ADVANCED MICRO DEVICES, INC. et al., Defendants, Counter-claimants. CASE NO. 4:05-cv-04063-CW JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES

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1.

WHEREAS, this Court stayed the case known as Tessera, Inc. v. Advanced Micro

Devices, Inc. et al, Case No. C 05-04063 (CW) (the "AMD case") by its order of May 24, 2007 with respect to International Trade Commission Investigation 337-TA-605 "until the determination of the ITC, including appeals becomes final," and WHEREAS, on August 5, 2008 the Court ordered that the stay of the AMD case "shall be extended until a determination in the International Trade Commission Investigation 337-TA-649, including appeals, becomes final;" and 2. WHEREAS, the Court issued a Related Case Order on September 11, 2008 in the

AMD case finding that the three cases known as, Siliconware Precision Industries Co., Ltd. et al. v. Tessera, Case No. C 08-03667 RS; Advanced Semiconductor Engineering Inc. et al. v. Tessera, Case No. C 08-03726 EMC; and Chipmos Technologies Inc. et al. v. Tessera, Inc., Case No. C 08-03827 CW, were related to the AMD case (these three cases are collectively the "Related Cases"); and 3. WHEREAS the Court stayed all proceedings in the Related Cases, to include all

claims and counterclaims, by its order of December 19, 2008 "[i]n light of the decision by the International Trade Commission (`ITC') granting Tessera's motion to amend the Complaint and Notice of Investigation adding U.S. Patent No. 5,663,106 to the investigation" known as 337TA-649 and the stipulation of the parties in the Related Cases; and 4. WHEREAS, by its orders of June 8, 2009 this Court subsequently set a Case

Management Conference in both the AMD case and the Related Cases for December 22, 2009 at 2:00 p.m; and 5. WHEREAS the parties in the Related Cases, by their undersigned counsel, report

to the Court that the current status of the pending International Trade Commission Investigation 337-TA-605 is that the Final Determination is under appeal to the Federal Circuit in Case Number 09-1460 with the notice of appeal having been filed on July 20, 2009 and briefs for Appellants Freescale Semiconductor, STMicroelectronics N.V., Qualcomm, Inc., Spansion, Inc. and Spansion, LLC having been filed on October 30, 2009, and;
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6.

WHEREAS, since a final resolution of ITC's 337-TA-605 investigation,

including appeals, is unlikely to occur before June 1, 2010, the parties in the AMD case and in the Related Cases believe that it would be most efficient to further postpone the case management conference and related activity in the AMD case and the Related Cases until at least June 22, 2010; and 7. WHEREAS Spansion Inc. and certain of its subsidiaries, including Spansion LLC

and Spansion Technology LLC, filed a Notice of Commencement of Bankruptcy Proceedings and of Automatic Stay in this case on March 11, 2009 and therefore do not join in this Stipulation; and 8. WHEREAS, the parties appearing below agree that there would be no prejudice to

the parties in moving the case management conference, as that case is currently stayed; THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties appearing below through their undersigned respective attorneys of record, based on the foregoing, and subject to the approval of this Court, that: The case management conference currently scheduled for December 22, 2009 at 2:00 p. 6/22/10 2:00 p.m. in the AMD shall be rescheduled for ____________ at __:__ __.m., or as soon thereafter as the Court is available; PURSUANT TO STIPULATION, IT IS SO ORDERED. 16th day of December, 2009. 1.

Dated this

Honorable Claudia Wilken United States District Judge

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Dated: December 9, 2009

/s/ Robert E. Camors, Jr. FOLEY & LARDNER LLP Attorneys for defendants and counter-claimants ADVANCED SEMICONDUCTOR ENGINEERING, INC., ASE TEST LIMITED, and ASE (U.S.) INC. /s/ Michael Heafey ORRICK, HERRINGTON & SUTCLIFFE Attorneys for defendants and counter-claimants SILICONWARE PRECISION INDUSTRIES CO., LTD. and SILICONWARE U.S.A. /s/ Elaine Chow K&L GATES LLP Attorneys for defendant and counter-claimant ADVANCED MICRO DEVICES, INC. /s/ Joseph Lanser SEYFARTH SHAW Attorneys for defendants and counter-claimants CHIPMOS TECHNOLOGIES INC. and CHIPMOS U.S.A. INC. /s/ Russell L. Johnson SIDLEY AUSTIN LLP Attorneys for defendants and counter-claimants STMICROELECTRONICS N.V. and STMICROELECTRONICS, INC. /s/ Michael Franzinger WEIL, GOTSHAL & MANGES LLP Attorneys for defendants and counter-claimants STATS CHIPPAC INC., STATS CHIPPAC LTD and STATS CHIPPAC (BVI) LIMITED /s/ Trevor Stockinger IRELL & MANELLA LLP Attorneys for plaintiff and counter-defendant TESSERA, INC.

Dated: December 9, 2009

Dated: December 9, 2009

Dated: December 9, 2009

Dated: December 9, 2009

Dated: December 9, 2009

Dated: December 9, 2009

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Concurrence in the filing of this document has been obtained from the signatories listed above. Dated: December 9, 2009 FOLEY & LARDNER LLP /s/ Robert E. Camors, Jr. Attorneys for defendants and counter-claimants ADVANCED SEMICONDUCTOR ENGINEERING, INC., ASE TEST LIMITED, and ASE (U.S.) INC.

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