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

Filing 234

ORDER re 233 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 5/2/11. (lrc, COURT STAFF) (Filed on 5/3/2011)

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Joseph E. Walsh, Jr. (admitted pro hac vice)
[e-mail]
Rudolph A. Telscher (admitted pro hac vice)
[e-mail]
Douglas A. Robinson (admitted pro hac vice)
[e-mail]
HARNESS DICKEY & PIERCE, P.L.C.
7700 Bonhomme, Suite 400
St. Louis, MO 63105
Tel: [phone]; Fax: [phone]

Philip J. Wang, Bar No. 218349
[e-mail]
The Law Office of Philip J. Wang
8 160 Bovet Road, Suite 310
San Mateo, CA 94402-3100
9 Tel: [phone]
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Attorneys for Emerging Markets Communications,
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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APPLIED SIGNAL TECHNOLOGY, INC.
Plaintiff,

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Case No. 09-CV-02180-SBA

vs.
EMERGING MARKETS COMMUNICATIONS,
INC., EMC SATCOM TECHNOLOGIES, INC.,
PARADISE DATACOM, LLC, and VIASAT,
INC.,
Defendants.

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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

AND RELATED COUNTERCLAIMS AND
THIRD PARTY CLAIMS

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Pursuant to the Joint Status Report dated April 18, 2011 (Dkt. No. 232),
defendants Emerging Markets Communications, Inc., and EMC Satcom Technologies,
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JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA

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Inc. (collectively “EMC”), plaintiff and counter-defendant Applied Signal Technology,

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Inc. (“AST”), third-party defendant Comtech EF Data Corp. (“Comtech”), submit this

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joint status report on the progress of settlement.

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As previously reported to the Court, AST, Comtech, and EMC agreed at the

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settlement conference before Magistrate Judge Zimmerman to settle their dispute. The

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parties have exchanged written draft settlement license proposals and are in general

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agreement on many license terms, though a limited number of related terms are still

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subject to ongoing negotiation.

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On April 18, 2011, the parties filed a Joint Status Report requesting additional

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time to finalize their settlement to April 28, 2011. The Court has not entered an Order

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regarding this request. However, due to a number of factors, including the many unusual

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and customized provisions being negotiated, the parties continue to work diligently to

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finalize their agreement, and only a limited number of closely-related license terms

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remain to be finalized. The parties firmly believe they are very close to having the

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settlement finalized. The parties have also discussed the possibility of seeking the

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assistance of the Court in arranging for another settlement conference with a Magistrate

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Judge to aid the parties in addressing the remaining issues, though the parties remain

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optimistic that that they will be able to reach a settlement. As such, the parties

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respectfully and jointly stipulate and request that the Court extend the stipulated April 28,

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2011 date for a period of fourteen (14) days to May 12, 2011. The parties will continue

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to work diligently during this time to finalize their settlement license agreement, which

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the parties continue to expect will result in the dismissal of the EMC entities from this

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litigation.

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JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA

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Date: April 28, 2011

HARNESS, DICKEY & PIERCE, PLC

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/s/ Douglas A. Robinson
Douglas A. Robinson
ATTORNEYS FOR DEFENDANTS
EMERGING MARKETS
COMMUNICATIONS, INC. and EMC
SATCOM TECHNOLOGIES, INC.

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Date: April 28, 2011

SANDERS & PARKS P.C.

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/s/ Rick N. Bryson
Rick N. Bryson
ATTORNEYS FOR PLAINTIFF/
COUNTER-DEFENDANT APPLIED
SIGNAL TECHNOLOGY AND THIRDPARTY DEFENDANT COMTECH EF
DATA CORP.

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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

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under penalty of perjury that concurrence in the filing of this document has been obtained

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from Rick Bryson.

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Date: April 28, 2011

HARNESS, DICKEY & PIERCE, PLC

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/s/ Douglas A. Robinson
Douglas A. Robinson
ATTORNEYS FOR DEFENDANTS
EMERGING MARKETS
COMMUNICATIONS, INC. and EMC
SATCOM TECHNOLOGIES, INC.

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JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA

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ORDER

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Pursuant to stipulation, it is hereby ordered that the Court’s March 18, 2011 order

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(Dkt. No. 228) granting relief from the Case Management Conference Scheduling Order
is extended an additional 7 days from the parties’ stipulated date of April 28, 2011 to
May 12, 2011. Plaintiff Applied Signal Technology, Inc. shall file a notice of dismissal,
or a joint status report with EMC on the progress of settlement, by May 6, 2011.

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Dated: 5/2/11
________________________________________
SAUNDRA BROWN ARMSTRONG
JUDGE, UNITED STATES DISTRICT COURT

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60807811

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JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA