Powertech Technology Inc v. Tessera Inc

Filing 88

ORDER Granting 85 Stipulation CHANGING DATE FOR UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES. Case Management Statement due by 12/28/2011. Case Management Conference set for 1/4/2012 02:00 PM. Signed by Judge Claudia Wilken on 11/1/2011. (ndr, COURT STAFF) (Filed on 11/1/2011)

1 FOLEY & LARDNER LLP
Gina A. Bibby (CA 242657) [e-mail]
2 975 Page Mill Road
Palo Alto, CA 94304-1013
3 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff Powertech Technology Inc.
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6 IRELL & MANELLA LLP
Morgan Chu (CA 70446) [e-mail]
7 Joseph M. Lipner (CA 155735) [e-mail]
Kenneth J. Weatherwax (CA 218612) [e-mail]
8 1800 Avenue of the Stars, Suite 900
Los Angeles, CA 90067-4276
9 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant Tessera, Inc.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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POWERTECH TECHNOLOGY INC.,

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Plaintiff,

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v.

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TESSERA, INC.,
Defendant.

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IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

CORRECTED JOINT STIPULATION AND [PROPOSED]
ORDER CHANGING DATE OF UPCOMING CASE MGT.
CONFERENCE & RELATED DATES (No. 10-00945 CW)
2270336

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Case No. C 10-00945 CW
CORRECTED JOINT STIPULATION
AND [PROPOSED] ORDER
CHANGING DATE OF UPCOMING
CASE MANAGEMENT
CONFERENCE AND RELATED
DATES

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IT IS HEREBY STIPULATED by and between Plaintiff Powertech Technology, Inc.

2 (“Plaintiff”) and Defendant Tessera, Inc. (“Defendant”), by and through their counsel of record as
3 follows:
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1.

WHEREAS, this Court issued a Related Case Order on March 22, 2010 in this

5 declaratory judgment action (“the Action”) finding that the case known as Siliconware Precision
6 Industries Co., Ltd. et al. v. Tessera, Inc., Case No. C 08-03667 CW (“the Siliconware Case”), is
7 related to this Action;
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2.

WHEREAS, this Court issued an Order on June 1, 2010 dismissing this Action;

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3.

WHEREAS, plaintiff Powertech Technology, Inc. filed a Notice of Appeal on

10 August 6, 2010;
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4.

WHEREAS, the U.S. Court of Appeals for the Federal Circuit issued a published

12 decision on September 30, 2011 to reverse and remand;
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5.

WHEREAS, pursuant to Federal Rules of Appellate Procedure 35 and 40 and

14 Federal Circuit Rule of Practice 40, the mandate of the Court of Appeals will not issue unless the
15 time permitted to seek rehearing of the final decision of that court expires, or unless that court
16 denies rehearing if it is sought;
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6.

WHEREAS, the parties to this Action, by their undersigned counsel, report to the

18 Court that, according to PACER, the Court of Appeals issued an order on October 27, 2011
19 granting Tessera’s unopposed motion to extend time to seek rehearing until November 14, 2011;
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7.

WHEREAS, by minute order of October 13, 2011 this Court set a Case

21 Management Conference in this Action for November 8, 2011at 2:00 p.m., together with the
22 related Siliconware Case;
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8.

WHEREAS, because a final resolution of the appeal of the dismissal of this Action,

24 including appeals, is still pending, and the mandate of the Court of Appeals has not yet issued to
25 this Court, and the parties to this Action believe that it would be most efficient to postpone the
26 case management conference and related activity in this Action until approximately January 3,
27 2011;
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IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

CORRECTED JOINT STIPULATION AND [PROPOSED]
ORDER CHANGING DATE OF UPCOMING CASE MGT.
CONFERENCE & RELATED DATES (No. 10-00945 CW)
2270336

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9.

WHEREAS, the parties to this Action agree that there would be no prejudice to the

2 parties in moving the case management conference, as the mandate has not yet been returned and
3 will not be returned by the date of the presently scheduled case management conference; and
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10.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

WHEREAS, both parties concur in the filing of this document;

6 parties appearing below through their undersigned respective attorneys of record, based on the
7 foregoing, and subject to the approval of this Court, that:
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The case management conference currently scheduled for November 8, 2011, at 2:00 p.m.

9 in this Action shall be rescheduled for January 3, 2012, at 2:00 p.m., or as soon thereafter as the
10 Court is available. The case management statement shall be due seven days before the date set for
11 the case management conference.
ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The case management

14 conference will be held on Wednesday, January 4, 2012, at 2:00 p.m.
15 Dated: ___________, 2011
November 1
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_________________________________________
Honorable Claudia Wilken
United States District Judge

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IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

CORRECTED JOINT STIPULATION AND [PROPOSED]
ORDER CHANGING DATE OF UPCOMING CASE MGT.
CONFERENCE & RELATED DATES (No. 10-00945 CW)
2270336

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2 SO STIPULATED.
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Dated: October 28, 2011

By:

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/s/ Gina Bibby
Gina Bibby
[e-mail]
FOLEY & LARDNER LLP
975 Page Mill Road
Palo Alto, CA 94304-1013
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff Powertech
Technology, Inc.

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11 Dated: October 28, 2011

By:

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Counsel for Defendant Tessera, Inc.

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IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

/s/ Kenneth Weatherwax
Kenneth Weatherwax
[e-mail]
IRELL & MANELLA LLP
1800 Avenue of the Stars, Suite 900
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

CORRECTED JOINT STIPULATION AND [PROPOSED]
ORDER CHANGING DATE OF UPCOMING CASE MGT.
CONFERENCE & RELATED DATES (No. 10-00945 CW)
2270336

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