Emine Technology Co, LTD v. Aten International Co., LTD

Filing 27

STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE re 26 Stipulation filed by Emine Technology Co, LTD. Signed by Judge Phyllis J. Hamilton on 10/31/08. (nah, COURT STAFF) (Filed on 10/31/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
KLEIN, O'NEILL & SINGH LLP

CHANG C. CHEN (No. 118727) [e-mail] LAW OFFICES OF DR. CHANG CHEN 7304 Pebble Beach Dr El Cerrito, CA, 94530 Telephone: [phone] Facsimile: [phone] SANG N. DANG (No. 214558) [e-mail] VY H. VU (No. 247086) [e-mail] KLEIN, O'NEILL & SINGH LLP 43 Corporate Park Suite 204 Irvine, CA 92606 Telephone: [phone] Facsimile: 949-955-1921 Attorneys for Plaintiff EMINE Technology Co., LTD.

WILLIAM SLOAN COATES (No. 94864) [e-mail] KYLE D. CHEN (No. 239501) [e-mail] WHITE & CASE, LLP 3000 El Camino Real 5 Palo Alto Square, 9th Floor Palo Alto, CA 94306 Telephone: [phone] Facsimile: [phone] Attorneys for Unserved Defendant ATEN International Co., Ltd.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

EMINE TECHNOLOGY CO. LTD., a Taiwanese Corporation, Plaintiff, v. ATEN INTERNATIONAL CO., LTD., a Taiwanese corporation, Defendant.

Case No. C 08-03122 PJH STIPULATION TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER THEREON

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CMC

CASE NO. C 08-03122 PJH

WHEREAS on June 25, 2008, defendant ATEN International Co., Ltd. ("ATEN") filed an action in the United States District Court for the Eastern District of Texas against plaintiff Emine Technology Co., Ltd. ("Emine") entitled ATEN Int'l Co., Ltd. v. Emine Technology Co., Ltd., No. 08-CV-00253 (E.D. Tex.) ("Texas Action"), alleging, inter alia, that Emine infringes U.S. Patent No. 7,035,112 ("'112 patent"); WHEREAS two days after the filing of the Texas Action, Emine filed the present action in this Court against ATEN seeking a declaratory judgment of non-infringement and invalidity of the '112 patent; WHEREAS Emine has filed motions in the Texas Action seeking dismissal and/or transfer of the Texas Action to the Northern District of California; WHEREAS briefing on Emine's motions in the Texas Action is complete and the motions are under submission; WHEREAS ATEN and Emine agree that the outcome of the pending motions in the Texas Action may have an impact on whether the present action will proceed; WHEREAS in the interests of judicial economy, and to preserve judicial and party resources, the parties have agreed that a continuance of the initial Case Management Conference for approximately 30 days is appropriate so the motions in the Texas Action may be decided; and WHEREAS there have been no previous stipulated continuances of the initial Case Management Conference and the parties agree that the requested continuance is sufficiently brief to avoid any material impact on the overall schedule of this litigation should it proceed in this Court; NOW, THEREFORE, ATEN and Emine, through their respective counsel of record, hereby stipulate and respectfully request that the Court order as follows: The Initial Case Management Conference in this action, currently scheduled for November 13, 2008, shall be continued for approximately thirty (30) days to a date on or after December 15, 2008, and all deadlines that are calculated based on the date of the Initial Case Management Conference shall be adjusted accordingly. IT IS SO STIPULATED.
KLEIN, O'NEILL & SINGH LLP

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CMC

-1-

CASE NO. C 08-03122 PJH

Dated: October 28, 2008

KLEIN, O'NEILL & SINGH, LLP By: /s/ Sang Dang /s/ Sang N. Dang Attorneys for Plaintiff Emine Technology Co., Ltd.

Dated: October 28, 2008

WHITE & CASE LLP By: /s/ Kyle Chen /s/ Kyle D. Chen Attorneys for Unserved Defendant ATEN International Co., Ltd.

[PROPOSED] ORDER The Initial Case Management Conference in this action, currently scheduled for December 18, 2008 November 13, 2008, shall be continued for approximately thirty (30) days to ________________, and all deadlines that are calculated based on the date of the Initial Case Management Conference shall be adjusted accordingly. IT IS SO ORDERED.

DATED: 10/31/08

UNIT ED

S

S DISTRICT TE C TA

UNITED STATES DISTRICTDER SO OR JUDGE

ER

N

F D IS T IC T O R

KLEIN, O'NEILL & SINGH LLP

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CMC

-2-

CASE NO. C 08-03122 PJH

A

C

LI

FO

hyllis Judge P

J. Hami

lton

R NIA

IT IS

ED

RT U O

NO

RT

H

CERTIFICATE OF SERVICE I hereby certify that on October 28, 2008, I electronically filed the foregoing with the Clerk of the Court in compliance with Civil Local Rule 5-5(b) using the CM/ECF system which will send notification of the filing to all counsel of record. /s/ Sang N. Dang Sang N. Dang

KLEIN, O'NEILL & SINGH LLP

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CMC

-3-

CASE NO. C 08-03122 PJH