Spansion Inc. v. Tessera Inc.

Filing 12

ORDER Granting re 11 Stipulation CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES. Case Management Statement due by 5/31/2011. Case Management Conference set for 6/7/2011 02:00 PM. Signed by Judge Claudia Wilken on 12/7/2010. (ndr, COURT STAFF) (Filed on 12/7/2010)

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MICHAEL J. BETTINGER (State Bar No. 122196) TIMOTHY P. WALKER (State Bar No. 105001) ELAINE Y. CHOW (State Bar No. 194063) STEPHEN M. EVERETT (State Bar No. 121619) K&L GATES LLP Four Embarcadero Center, Suite 1200 San Francisco, CA 94111 Phone: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs SPANSION INC. AND SPANSION LLC

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

SPANSION, INC., et al., Plaintiffs, v. TESSERA, INC. Claimant.

Case No. C-10-4954 CW JOINT STIPULATION AND ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES

1.

WHEREAS, this Court stayed the case known as Tessera, Inc. v. Advanced Micro

Devices, Inc. et al, Case No. C 05-04063 (CW) (the "AMD case") by its order of May 24, 2007 with respect to International Trade Commission Investigation 337-TA-605 "until the determination of the ITC, including appeals becomes final," and WHEREAS, on August 5, 2008 the Court ordered that the stay of the AMD case "shall be extended until a determination in the International Trade Commission Investigation 337-TA-649, including appeals, becomes final;" and

JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW

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2.

WHEREAS, this Court issued a Related Case Order on September 11, 2008 in the

AMD case finding that the three cases known as, Siliconware Precision Industries Co., Ltd. et al. v. Tessera, Case No. C 08-03667 RS; Advanced Semiconductor Engineering Inc. et al. v. Tessera, Case No. C 08-03726 EMC; and Chipmos Technologies Inc. et al. v. Tessera, Inc., Case No. C 08-03827 CW, were related to the AMD case (these three cases are collectively the "Related Cases"); and 3. WHEREAS, this Court stayed all proceedings in the Related Cases, to include all

claims and counterclaims, by its order of December 19, 2008 "[i]n light of the decision by the International Trade Commission (`ITC') granting Tessera's motion to amend the Complaint and Notice of Investigation adding U.S. Patent No. 5,663,106 to the investigation" known as 337-TA649 and the stipulation of the parties in the Related Cases; and 4. WHEREAS, by its orders of June 11, 2010 this Court subsequently set a Case

Management Conference in both the AMD case and the Related Cases for December 14, 2010 at 2:00 p.m; and 5. WHEREAS, this Court issued a Related Case Order on November 10, 2010, finding

that the case known as Spansion Inc. v. Tessera Inc., Case No. C 10-04954 MMC, now known as Spansion Inc. v. Tessera Inc., Case No. C 10-04954 CW (the "Spansion case"), is related to this case; and 6. WHEREAS the parties in the AMD, Spansion, and Related Cases, by their

undersigned counsel, report to the Court that the current status of the pending International Trade Commission Investigation 337-TA-605 is that the Final Determination is under appeal to the Federal Circuit in Case Number 09-1460. The appeal is now fully briefed and was argued on June 9, 2010, but no decision has issued as of yet, and; 7. WHEREAS, since a final resolution of ITC's 337-TA-605 investigation, including

appeals, is still pending, the parties in the AMD case, in the Spansion case, and in the Related Cases believe that it would be most efficient to further postpone (and, in the Spansion case, postpone) the case management conference and related activity in the AMD case, the Spansion case, and the Related Cases until approximately June 7, 2011; and

JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW

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8.

WHEREAS, the parties appearing below agree that there would be no prejudice to the

parties in moving the case management conference, as that case is currently stayed; THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties appearing below through their undersigned respective attorneys of record, based on the foregoing, and subject to the approval of this Court, that: a. The case management conference currently scheduled for December 14, 2010, at 2:00

p.m. in the AMD case shall be rescheduled for June 7, 2011 at 2_:00 p.m., or as soon thereafter as the Court is available; PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated this 7th day of December, 2010.

Honorable Claudia Wilken United States District Judge

JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW

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Dated: December 6, 2010

/s/ Elaine Chow K&L GATES LLP Attorneys for plaintiffs SPANSION INC. AND SPANSION LLC /s/ Trevor Stockinger IRELL & MANELLA LLP Attorneys for claimant TESSERA, INC.

Dated: December 6, 2010

JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW

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Concurrence in the filing of this document has been obtained from the signatories listed

Dated: December 6, 2010

/s/ Elaine Chow K&L GATES LLP Attorneys for plaintiffs SPANSION INC. AND SPANSION LLC

JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW

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Pursuant to General Order No. 45, Section X, I hereby attest that I have on file all holographic signatures for any indicated by a "conformed" signature /s/ within the e-filed document.

Dated: December 6, 2010

/s/ Elaine Chow K&L GATES LLP Attorneys for plaintiffs SPANSION INC. AND SPANSION LLC

JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW

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