Raytheon Applied Signal Technology, Inc. v. Emerging Markets Communications, Inc. et al

Filing 172

ORDER re 169 Status Report, filed by Emerging Markets Communications, Inc., Comtech EF Data Corporation, EMC Satcom Technologies, Inc., Applied Signal Technology, Inc.. Signed by Judge ARMSTRONG on 9/27/10. (lrc, COURT STAFF) (Filed on 9/28/2010)

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RICK N. BRYSON (Pro hac vice) [e-mail] MICHELLE BREIT, Bar No. 133143 [e-mail] BRETT M. HAGER (Pro hac vice) [e-mail] BENJAMIN K. ERLICK (Pro hac vice) [e-mail] SANDERS & PARKS P.C. 3030 N. Third Street, Suite 1300 Phoenix, AZ 85012-3099 Telephone: [phone] Facsimile: [phone] JAMES C. OTTESON, Bar No. 157781 [e-mail] AGILITY IP LAW 303 Almaden Boulevard, Suite 500 San Jose, CA 95110-2712 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counterclaim Defendant APPLIED SIGNAL TECHNOLOGY, INC. and Third-Party Defendant COMTECH EF DATA, CORP. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION APPLIED SIGNAL TECHNOLOGY, INC. Plaintiff, vs. EMERGING MARKETS COMMUNICATIONS, INC., EMC SATCOM TECHNOLOGIES, INC., PARADISE DATACOM, LLC, and VIASAT, INC., Defendants. AND RELATED COUNTERCLAIMS AND THIRD PARTY CLAIMS Case No. 09-CV-02180-SBA JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT BETWEEN APPLIED SIGNAL, COMTECH EF DATA, EMERGING MARKETS COMMUNICATIONS, AND EMC SATCOM TECHNOLOGIES, AND REQUEST FOR EXTENSION OF RELIEF FROM THE CASE MANAGEMENT SCHEDULING CONFERENCE ORDER

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COMTECH'S, AST'S, AND EMC'S JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT CASE NO. 09-CV-02180-SBA

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Pursuant to the Court's order dated August 12, 2010 (Dkt. No. 153), defendants Emerging Markets Communications, Inc., EMC Satcom Technologies, Inc. (collectively "EMC"), plaintiff and counter-defendant, Applied Signal Technology, Inc. ("AST"), third-party defendant Comtech EF Data Corp. ("Comtech"), submit this joint status report on the progress of settlement. As previously reported to the Court, AST, Comtech, and EMC agreed at the settlement conference before Magistrate Judge Zimmerman to settle their dispute. The parties have exchanged written draft settlement license proposals and are in general agreement on many license terms, though certain terms are still subject to ongoing negotiation. On September 3, 2010, the parties filed a Joint Status Report requesting additional time to finalize their settlement to September 24, 2010. The Court granted that extension on September 19, 2010. However, due to a number of factors, including the many unusual and customized provisions being negotiated, the parties continue to work diligently to finalize their agreement. As such, the parties respectfully and jointly stipulate and request that the Court extend its September 19, 2010 order granting relief from the Case Management Conference Scheduling Order for a period of thirty one (31) days from the existing date of September 24, 2010 to Monday, October 25, 2010. The parties will continue to work diligently during this time to finalize their settlement license agreement, which the parties continue to expect will result in the dismissal of the EMC entities from this litigation. Date: September 22, 2010 SANDERS & PARKS P.C. /s/ Rick N. Bryson Rick N. Bryson, Esq. and
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COMTECH'S, AST'S, AND EMC'S JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT CASE NO. 09-CV-02180-SBA

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AGILITY IP LAW

James C. Otteson, Esq. ATTORNEYS FOR PLAINTIFF/ COUNTERDEFENDANT APPLIED SIGNAL TECHNOLOGY AND THIRD-PARTY DEFENDANT COMTECH EF DATA CORP.

HARNESS, DICKEY & PIERCE, PLC /s/ Douglas A. Robinson Rudolph A. Telscher, Esq. Douglas A. Robinson, Esq. ATTORNEYS FOR DEFENDANTS EMERGING MARKETS COMMUNICATIONS, INC. and EMC SATCOM TECHNOLOGIES, INC.

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COMTECH'S, AST'S, AND EMC'S JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT CASE NO. 09-CV-02180-SBA

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DECLARATION OF CONSENT Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Douglas A. Robinson. Date: September 22, 2010 SANDERS & PARKS P.C. /s/ Rick N. Bryson Rick N. Bryson ATTORNEYS FOR PLAINTIFF/ COUNTERDEFENDANT APPLIED SIGNAL TECHNOLOGY AND THIRD-PARTY DEFENDANT COMTECH EF DATA CORP

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COMTECH'S, AST'S, AND EMC'S JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT CASE NO. 09-CV-02180-SBA

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ORDER Pursuant to stipulation, it is hereby ordered that the Court's August 12, 2010 order (Dkt. No. 153) granting relief from the Case Management Conference Scheduling Order is extended 31 days from the existing date of September 24, 2010 to October 25, 2010. Plaintiff Applied Signal Technology, Inc. shall file a notice of dismissal, or a joint status report with EMC on the progress of settlement, by October 25, 2010. Dated: 9/27/10 ________________________________________ SAUNDRA BROWN ARMSTRONG JUDGE, UNITED STATES DISTRICT COURT

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COMTECH'S, AST'S, AND EMC'S JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT CASE NO. 09-CV-02180-SBA