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

Filing 907

ORDER Granting re 906 Stipulation (JOINT) CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES. Case Management Statement due by 5/31/2011. Case Management Conference set for 6/7/2011 02:00 PM. Signed by Judge Claudia Wilken on 12/7/2010. (ndr, COURT STAFF) (Filed on 12/7/2010)

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FOLEY & LARDNER LLP Gina A. Bibby., CA BAR NO. 242657
[e-mail]

975 Page Mill Road Palo Alto, CA 94304-1013 Telephone: [phone] Facsimile: 650.856.3710 FOLEY & LARDNER LLP Steven J. Rizzi (ADMITTED PRO HAC VICE)

[e-mail]

90 Park Avenue New York, NY 10016-1314 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 ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES

JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES

CASE NO. 4:05-CV-04063-CW

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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, this 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, this 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 11, 2010 this Court subsequently set a Case

Management Conference in both the AMD case and the Related Cases for December 14, 2010 at 2:00 p.m; and 5. WHEREAS, this Court issued a Related Case Order on November 10, 2010,

finding that the case known as Spansion Inc. v. Tessera Inc., Case No. C 10-04954 MMC (the "Spansion case"), is related to this case; and 6. WHEREAS the parties in the AMD, Spansion, and 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. The appeal is now fully briefed and was argued on 1
JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES CASE NO. 4:05-CV-04063-CW

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June 9, 2010, but no decision has issued as of yet, and; 7. WHEREAS, since a final resolution of ITC's 337-TA-605 investigation,

including appeals, is still pending, the parties in the AMD case, in the Spansion case, and in the Related Cases believe that it would be most efficient to further postpone (and, in the Spansion case, postpone) the case management conference and related activity in the AMD case, the Spansion case, and the Related Cases until approximately June 7, 2011; 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: a. The case management conference currently scheduled for December 14, 2010, at

2:00 p.m. in the AMD case shall be rescheduled for June7, 2011 at 2:00 p.m., or as soon thereafter as the Court is available; PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated this 7th day of December, 2010.

Honorable Claudia Wilken United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES CASE NO. 4:05-CV-04063-CW

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Dated: December 6, 2010

/s/ Gina A. Bibby 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. and plaintiff SPANSION LLC /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 6, 2010

Dated: December 6, 2010

Dated: December 6, 2010

Dated: December 6, 2010

Dated: December 6, 2010

Dated: December 6, 2010

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JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES CASE NO. 4:05-CV-04063-CW

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Concurrence in the filing of this document has been obtained from the signatories listed

Dated: December 6, 2010

FOLEY & LARDNER LLP /s/ Gina A. Bibby Attorneys for defendants and counter-claimants ADVANCED SEMICONDUCTOR ENGINEERING, INC., ASE TEST LIMITED, and ASE (U.S.) INC.

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JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES CASE NO. 4:05-CV-04063-CW

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Pursuant to General Order No. 45, Section X, I hereby attest that I have on file all holographic signatures for any indicated by a "conformed" signature /s/ within the e-filed document. Dated: December 6, 2010 FOLEY & LARDNER LLP /s/ Gina A. Bibby Attorneys for defendants and counter-claimants ADVANCED SEMICONDUCTOR ENGINEERING, INC., ASE TEST LIMITED, and ASE (U.S.) INC.

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JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES CASE NO. 4:05-CV-04063-CW