Advanced Semiconductor Engineering Inc et al v. Tessera Inc

Filing 23

ORDER Granting re 22 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)

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 ADVANCED SEMICONDUCTOR ENGINEERING, INC., ASE TEST LIMITED, and ASE (U.S.) INC., Plaintiffs, vs. TESSERA, INC., Defendant. Case No 4:08-CV-03726-CW

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

TESSERA, INC., Counterclaimant, vs. ADVANCED SEMICONDUCTOR ENGINEERING, INC., ASE TEST LIMITED, and ASE (U.S.) INC., Counterclaim Defendants.

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

Case No. 4:08-CV-03726-CW

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 the parties in the AMD 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 June 9, 2010, but no decision has been issued as of yet, and; 4. 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-649 is that on August 7, 2009, the Commission issued a Notice of Determination Not To Review An Initial Determination Granting Complainant's Motion to Terminate The Investigation; Termination of Investigation thereby making the termination of the investigation final; and 5. WHEREAS, since a final resolution of ITC's 337-TA-605 investigation,

including appeals, is still pending, the parties 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 approximately June 7, 2011; and
1 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES

Case No. 4:08-CV-03726-CW

6.

WHEREAS, the parties in the Related Cases agree that there would be no

prejudice to the parties in moving the case management conference, as that those cases are currently are stayed; THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties in the AMD case and in the Related Cases, 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 14, 2010 at 2:00 p.m. in the AMD case and the Related Cases shall be rescheduled for June 7, 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

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

Case No. 4:08-CV-03726-CW

Submitted by: Dated: December 6, 2010 /s/ Gina A. Bibby FOLEY & LARDNER, LLP Attorney for Plaintiffs ADVANCED SEMICONDUCTOR ENGINEERING, INC., ASE TEST LIMITED, and ASE (U.S.) INC. /s/ Michael Heafey ORRICK, HERRINGTON & SUTCLIFFE Attorney for Plaintiffs SILICONWARE PRECISION INDUSTRIES CO., LTD. and SILICONWARE U.S.A. /s/ Joseph Lanser SEYFARTH SHAW LLP Attorney for Plaintiffs CHIPMOS TECHNOLOGIES INC., CHIPMOS TECHNOLOGIES (BERMUDA) LTD. and CHIPMOS U.S.A., INC. /s/ Michael B. Smith GIBSON, DUNN & CRUTCHER LLP Attorney for Defendant TESSERA, INC.

Dated: December 6, 2010

Dated: December 6, 2010

Dated: December 6, 2010

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

Dated: December 6, 2010

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

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

Case No. 4:08-CV-03726-CW