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

Filing 909

ORDER Granting 908 Stipulation CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES. Case Management Statement due by 11/1/2011. Case Management Conference set for 11/8/2011 02:00 PM. Signed by Judge Claudia Wilken on 5/24/2011. (ndr, COURT STAFF) (Filed on 5/24/2011)

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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.

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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.,

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

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Plaintiff, Counter-defendant,
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v.
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ADVANCED MICRO DEVICES, INC. et al.,
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Defendants, Counter-claimants.

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

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JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE
CASE NO. 4:05-cv-04063-CW
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

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Devices, Inc. et al, Case No. C 05-04063 (CW) (the “AMD case”) by its order of May 24, 2007

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with respect to International Trade Commission Investigation 337-TA-605 “until the

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determination of the ITC, including appeals becomes final,” and WHEREAS, on August 5, 2008

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the Court ordered that the stay of the AMD case “shall be extended until a determination in the

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International Trade Commission Investigation 337-TA-649, including appeals, becomes final;”

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and

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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.

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v. Tessera, Case No. C 08-03667 RS; Advanced Semiconductor Engineering Inc. et al. v.

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Tessera, Case No. C 08-03726 EMC; and Chipmos Technologies Inc. et al. v. Tessera, Inc., Case

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No. C 08-03827 CW, were related to the AMD case (these three cases are collectively the

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“Related Cases”); and

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3.

WHEREAS, this Court stayed all proceedings in the Related Cases, to include all

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claims and counterclaims, by its order of December 19, 2008 “[i]n light of the decision by the

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International Trade Commission (‘ITC’) granting Tessera’s motion to amend the Complaint and

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Notice of Investigation adding U.S. Patent No. 5,663,106 to the investigation” known as 337-

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TA-649 and the stipulation of the parties in the Related Cases; and

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4.

WHEREAS, this Court issued a Related Case Order on November 10, 2010,

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finding that the case known as Spansion Inc. v. Tessera Inc., Case No. C 10-04954 MMC (the

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“Spansion case”), is related to this case; and

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5.

WHEREAS, by its orders of December 7, 2010 this Court subsequently set a Case

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Management Conference in the AMD case, the Spansion case and the Related Cases for June 7,

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2011 at 2:00 p.m; and

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6.

WHEREAS the parties in the AMD, Spansion, and Related Cases, by their

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undersigned counsel, report to the Court that the current status of the International Trade

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Commission Investigation 337-TA-605, which is under appeal to the Federal Circuit in Case

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

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Number 09-1460, is that the Federal Circuit issued its decision on December 21, 2010, affirming

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the Commission’s final determination, but all appeals have not yet been exhausted. In particular,

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the period for any petitions to the United States Supreme Court for a writ of certiorari has not yet

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run, and at least one defendant in the AMD Case intends to seek such a petition, and;

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7.

WHEREAS, because a final resolution of ITC’s 337-TA-605 investigation,

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including appeals, is still pending, and therefore the parties in the AMD case, in the Spansion

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case, and in the Related Cases believe that it would be most efficient to further postpone the case

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management conference and related activity in the AMD case, the Spansion case, and the

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Related Cases until approximately November 8, 2011; and

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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

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parties appearing below through their undersigned respective attorneys of record, based on the

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foregoing, and subject to the approval of this Court, that:

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a.

The case management conference currently scheduled for June 7, 2011, at 2:00

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November 8,
2 00 p
p.m. in the AMD case shall be rescheduled for ___________ 2011 at __:__ __.m., or as soon

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thereafter as the Court is available;

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated this 24th day of

May

, 2011.
Honorable Claudia Wilken
United States District Judge

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

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Dated: May 23, 2011

/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.

Dated: May 23, 2011

/s/
Michael Heafey
ORRICK, HERRINGTON & SUTCLIFFE
Attorneys for defendants and counter-claimants
SILICONWARE PRECISION INDUSTRIES CO.,
LTD. and SILICONWARE U.S.A.

Dated: May 23, 2011

/s/
Elaine Chow
K&L GATES LLP
Attorneys for defendants and counter-claimants
ADVANCED MICRO DEVICES, INC.,
SPANSION TECHNOLOGY INC., SPANSION
INC. and SPANSION LLC

Dated: May 23, 2011

/s/
Joseph Lanser
SEYFARTH SHAW
Attorneys for defendants and counter-claimants
CHIPMOS TECHNOLOGIES INC. and CHIPMOS
U.S.A. INC.

Dated: May 23, 2011

/s/
Russell L. Johnson
SIDLEY AUSTIN LLP
Attorneys for defendants and counter-claimants
STMICROELECTRONICS N.V. and
STMICROELECTRONICS, INC.

Dated: May 23, 2011

/s/
Michael Franzinger
WEIL, GOTSHAL & MANGES LLP
Attorneys for defendants and counter-claimants
STATS CHIPPAC INC., STATS CHIPPAC LTD
and STATS CHIPPAC (BVI) LIMITED

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Dated: May 23, 2011

/s/
Trevor Stockinger
IRELL & MANELLA LLP
Attorneys for plaintiff and counter-defendant
TESSERA, INC.

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

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

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Dated: May 23, 2011

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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SVCA_871654.1

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