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

Filing 243

ORDER RE JOINT STATUS REPORT ORDER REFERRING CASE to Magistrate Judge Zimmerman for Settlement. Signed by Judge ARMSTRONG on 5/9/11. (lrc, COURT STAFF) (Filed on 5/9/2011)

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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
1900 University Circle, Suite 201
East Palo Alto, CA 94303
Attorneys for Plaintiff and Counterclaim Defendant
APPLIED SIGNAL TECHNOLOGY, INC. and
Third-Party Defendant COMTECH EF DATA, CORP.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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Plaintiff,

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Case No. 09-CV-02180-SBA

APPLIED SIGNAL TECHNOLOGY, INC.

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 28, 2011 (Dkt. No. 233) and the
Order signed by Judge Armstrong on May 2, 2011 (Dkt. No. 234), defendants Emerging
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COMTECH EF DATA CORP’S AND APPLIED SIGNAL TECHNOLOGY, INC.’S
JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA

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Markets Communications, Inc., and EMC Satcom Technologies, Inc. (collectively

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

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third-party defendant Comtech EF Data Corp. (“Comtech”), submit this joint status report

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on the progress of settlement.

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On April 28, 2011, the parties filed a Joint Status Report requesting additional

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time to finalize their settlement to May 12, 2011 given new party Raytheon’s need to

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complete its review of the settlement agreement. That request was granted on May 2,

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2011 (Dkt. No. 234), but the court moved the requested date from May 12, 2011 to May

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6, 2011.

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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 most license terms, but require the assistance of the settlement Magistrate

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to finalize the license. Therefore, the parties request the court refer the parties to

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Magistrate Zimmerman for assistance in resolving these remaining issues.

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.
Date: May 6, 2011

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SANDERS & PARKS P.C.
/s/
Rick N. Bryson
Rick N. Bryson
and

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AGILITY IP LAW

/s/

James C. Otteson

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James C. Otteson

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ATTORNEYS FOR PLAINTIFF/
COUNTERDEFENDANT APPLIED SIGNAL
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COMTECH EF DATA CORP’S AND APPLIED SIGNAL TECHNOLOGY, INC.’S
JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA

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TECHNOLOGY AND THIRD-PARTY
DEFENDANT COMTECH EF DATA CORP.

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Date: May 6, 2011

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

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COMTECH EF DATA CORP’S AND APPLIED SIGNAL TECHNOLOGY, INC.’S
JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA

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DECLARATION OF CONSENT

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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: May 6, 2011

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 EF DATA CORP’S AND APPLIED SIGNAL TECHNOLOGY, INC.’S
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 May 2, 2011 order
(Dkt. No. 234) granting relief from the Case Management Conference Scheduling Order
is extended an additional 7 days from the current existing date of May 6, 2011 to May 13,
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 13, 2011.
IT IS ALSO ORDERED that the parties are referred to Magistrate Bernard
Zimmerman for assistance in resolving outstanding issues.

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Dated: 5/9/11
________________________________________
SAUNDRA BROWN ARMSTRONG
JUDGE, UNITED STATES DISTRICT COURT

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COMTECH EF DATA CORP’S AND APPLIED SIGNAL TECHNOLOGY, INC.’S
JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA