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

Filing 41

SETTLEMENT CONFERENCE ORDER - PATENT CASE - RE: VIASAT AND PARADISE. A Telephonic Conference is set for 02/08/10 at 3:00 PM and Settlement Conference is set for 03/25/10 at 9:00 AM. Signed by Magistrate Judge Bernard Zimmerman on 12/22/2009. (bzsec, COURT STAFF) (Filed on 12/22/2009) Modified on 12/23/2009 (jlm, COURT STAFF).

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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 The above matter was referred to me for settlement purposes. On December 8, 2009, I conducted a telephonic hearing at which both sides were represented by counsel. With the consent APPLIED SIGNAL TECHNOLOGY INC., Plaintiff(s), v. EMERGING MARKETS COMMUNICATIONS, et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C09-2180 SBA (BZ) SETTLEMENT CONFERENCE ORDER - PATENT CASE VIASAT AND PARADISE of the parties and good cause appearing, IT IS HEREBY ORDERED that no later than January 29, 2010, William Van Vleet, President and CEO, and James Doyle, CFO, of plaintiff Applied Signal Technology; and John Restivo, CEO of defendant Paradise Datacom; Richard Baldridge, President and COO, or Steve Hart, CTO, Kevin Lippert, General Counsel, or Paul Konopka, Asst. GC 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 of defendant Viasat shall meet in person, preferably outside the presence of counsel, to discuss a resolution of this dispute. The Court invites Comtech to attend. They shall meet in the Bay Area or in any other place to which they all agree. The principals are urged to explore a creative, business resolution of their dispute. If the case settles, the parties are to notify the Court immediately. Each party shall provide the other informally, expeditiously and pursuant to Federal Rule of Evidence 408 with all information reasonably needed to further the progress of the settlement negotiations. Confidential information may be provided subject to a protective order. If there is no settlement, it is ORDERED that a telephonic conference is scheduled for February 8, 2010 at 3:30 p.m., to discuss the status of the negotiations. Counsel shall contact CourtCall, telephonic court appearances at 1-888-882-6878, and make arrangements for the telephonic conference call. principals need not participate. It is further ORDERED that a Settlement Conference is scheduled for Friday, March 26, 2010 at 9:00 a.m., in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. Counsel who will try the case shall appear at the Settlement Conference with the party principals who met earlier. An insured party shall appear with The a representative of the carrier with full authority to negotiate up to the limits of coverage. The Court shall be The notified immediately if the carrier declines to attend. negotiations will be principally among the party principals in 2 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 my presence. Each party shall prepare a Settlement Conference Statement, which must be served on opposing counsel and lodged (not faxed) with my chambers no later than seven calendar days prior to the conference. the Clerk of the Court. The Statement shall not be filed with The Statement may be submitted on CDOtherwise, the portion ROM with hypertext links to exhibits. of exhibits on which the party relies shall be highlighted. The Settlement Conference Statement shall not exceed ten pages of text and twenty pages of exhibits and shall include the following: 1. 2. A brief statement of the facts of the case. A brief statement of the claims and defenses including, but not limited to, statutory or other grounds upon which the claims are founded. 3. 4. motions. 5. An estimate of the cost and time to be expended for A summary of any related litigation. A summary of the proceedings to date and any pending further discovery, pretrial and trial. 6. damages. 7. The parties' position on settlement, including The relief sought, including an itemization of present demands and offers and a history of past settlement discussions. The Court's time can best be used to assist the parties in completing their negotiations, not in starting them. So there is no confusion about the parties' settlement position, plaintiff must serve a demand in writing no later 3 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 than fourteen days before the conference and defendant must respond in writing no later than eight days before the conference. The parties are urged to carefully evaluate their case before taking a settlement position since extreme positions hinder the settlement process. Along with the Statement each party shall lodge with the court a document of no more than three pages containing a candid evaluation of the parties' likelihood of prevailing on the claims and defenses, and any other information that party wishes not to share with opposing counsel. The more candid the This parties are, the more productive the conference will be. document shall not be served on opposing counsel. It is not unusual for conferences to last three or more hours. Parties are encouraged to participate and frankly Statements they make during the conference discuss their case. will not be admissible at trial in the event the case does not settle. as: 1. Their settlement objectives. 2. Any impediments to settlement they perceive. 3. Whether they have enough information to discuss settlement. If not, what additional information is needed. The parties should be prepared to discuss such issues 4. The possibility of a creative resolution of the dispute. The parties shall notify chambers immediately if this case settles prior to the date set for settlement conference. Counsel shall provide a copy of this order to each party who /// 4 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 will participate in the conference. Dated: December 22, 2009 ____________________________________ Bernard Zimmerman United States Magistrate Judge g:\bzall\-refs\refs.09\applied signal technology\applied signal technology sc.wpd 5

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