Spansion Inc. v. Tessera Inc.

Filing 14

ORDER Granting 13 Stipulation CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES. Case Management Statement due by 11/1/2011. Case Management Conference set for 11/8/2011 02:00 PM. Signed by Judge Claudia Wilken on 5/25/2011. (ndr, COURT STAFF) (Filed on 5/25/2011)

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1 2 3 4 5 6 7 8 9 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: (415) 882-8200 Fax: (415) 882-8220 mike.bettinger@klgates.com timothy.walker@klgates.com elaine.chow@klgates.com stephen.everett@klgates.com Attorneys for Plaintiffs SPANSION, INC. AND SPANSION LLC 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 OAKLAND DIVISION 14 15 SPANSION, INC. et al, CASE NO. 4:10-cv-04954-CW 16 Plaintiffs 17 v. 18 TESSERA, INC., JOINT STIPULATION AND ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES 19 Claimant. 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE CASE NO. 4:10-cv-04954-CW OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES Error! Bookmark not defined. 1 1. WHEREAS, this Court stayed the case known as Tessera, Inc. v. Advanced Micro 2 Devices, Inc. et al, Case No. C 05-04063 (CW) (the “AMD case”) by its order of May 24, 2007 3 with respect to International Trade Commission Investigation 337-TA-605 “until the 4 determination of the ITC, including appeals becomes final,” and WHEREAS, on August 5, 2008 5 the Court ordered that the stay of the AMD case “shall be extended until a determination in the 6 International Trade Commission Investigation 337-TA-649, including appeals, becomes final;” 7 and 8 9 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. 10 v. Tessera, Case No. C 08-03667 RS; Advanced Semiconductor Engineering Inc. et al. v. 11 Tessera, Case No. C 08-03726 EMC; and Chipmos Technologies Inc. et al. v. Tessera, Inc., Case 12 No. C 08-03827 CW, were related to the AMD case (these three cases are collectively the 13 “Related Cases”); and 14 3. WHEREAS, this Court stayed all proceedings in the Related Cases, to include all 15 claims and counterclaims, by its order of December 19, 2008 “[i]n light of the decision by the 16 International Trade Commission (‘ITC’) granting Tessera’s motion to amend the Complaint and 17 Notice of Investigation adding U.S. Patent No. 5,663,106 to the investigation” known as 337- 18 TA-649 and the stipulation of the parties in the Related Cases; and 19 4. WHEREAS, this Court issued a Related Case Order on November 10, 2010, 20 finding that the case known as Spansion Inc. v. Tessera Inc., Case No. C 10-04954 MMC (the 21 “Spansion case”), is related to this case; and 22 5. WHEREAS, by its orders of December 7, 2010 this Court subsequently set a Case 23 Management Conference in the AMD case, the Spansion case and the Related Cases for June 7, 24 2011 at 2:00 p.m; and 25 6. WHEREAS the parties in the AMD, Spansion, and Related Cases, by their 26 undersigned counsel, report to the Court that the current status of the International Trade 27 Commission Investigation 337-TA-605, which is under appeal to the Federal Circuit in Case 28 1 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE CASE NO. 4:05-cv-04063-CW OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES Error! Bookmark not defined. 1 Number 09-1460, is that the Federal Circuit issued its decision on December 21, 2010, affirming 2 the Commission’s final determination, but all appeals have not yet been exhausted. In particular, 3 the period for any petitions to the United States Supreme Court for a writ of certiorari has not yet 4 run, and at least one defendant in the AMD Case intends to seek such a petition, and; 5 7. WHEREAS, because a final resolution of ITC’s 337-TA-605 investigation, 6 including appeals, is still pending, and therefore the parties in the AMD case, in the Spansion 7 case, and in the Related Cases believe that it would be most efficient to further postpone the case 8 management conference and related activity in the AMD case, the Spansion case, and the 9 Related Cases until approximately November 8, 2011; and 10 11 12 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 13 parties appearing below through their undersigned respective attorneys of record, based on the 14 foregoing, and subject to the approval of this Court, that: 15 a. The case management conference currently scheduled for June 7, 2011, at 2:00 16 2 00 p November 8, p.m. in the AMD case shall be rescheduled for ___________ 2011 at __:__ __.m., or as soon 17 thereafter as the Court is available; 18 PURSUANT TO STIPULATION, IT IS SO ORDERED. 19 20 Dated this 25th day of May , 2011. Honorable Claudia Wilken United States District Judge 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE CASE NO. 4:10-cv-04954-CW OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES Error! Bookmark not defined. 1 Dated: May 24, 2011 /s/ Elaine Chow K&L GATES LLP Attorneys for defendants and counter-claimants ADVANCED MICRO DEVICES, INC., SPANSION TECHNOLOGY INC., SPANSION INC. and SPANSION LLC Dated: May 24, 2011 /s/ Gina A. Bibby FOLEY & LARDNER LLP Attorneys for defendants and counter-claimants ADVANCED SEMICONDUCTOR ENGINEERING, INC., ASE TEST LIMITED, and ASE (U.S.) INC. Dated: May 24, 2011 /s/ Michael Heafey ORRICK, HERRINGTON & SUTCLIFFE Attorneys for defendants and counter-claimants SILICONWARE PRECISION INDUSTRIES CO., LTD. and SILICONWARE U.S.A. Dated: May 24, 2011 /s/ Joseph Lanser SEYFARTH SHAW Attorneys for defendants and counter-claimants CHIPMOS TECHNOLOGIES INC. and CHIPMOS U.S.A. INC. Dated: May 24, 2011 /s/ Russell L. Johnson SIDLEY AUSTIN LLP Attorneys for defendants and counter-claimants STMICROELECTRONICS N.V. and STMICROELECTRONICS, INC. Dated: May 24, 2011 /s/ Michael Franzinger WEIL, GOTSHAL & MANGES LLP Attorneys for defendants and counter-claimants STATS CHIPPAC INC., STATS CHIPPAC LTD and STATS CHIPPAC (BVI) LIMITED 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dated: May 24, 2011 25 /s/ Trevor Stockinger IRELL & MANELLA LLP Attorneys for plaintiff and counter-defendant TESSERA, INC. 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE CASE NO. 4:10-cv-04954-CW OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES Error! Bookmark not defined. 1 2 Concurrence in the filing of this document has been obtained from the signatories listed above. 3 4 Dated: May 24, 2011 5 K&L GATES LLP /s/ Elaine Chow Attorneys for defendants and counter-claimants ADVANCED MICRO DEVICES, INC., SPANSION TECHNOLOGY INC., SPANSION INC. and SPANSION LLC 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE CASE NO. 4:10-cv-04954-CW OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES Error! Bookmark not defined. 1 Pursuant to General Order No. 45, Section X, I hereby attest that I have on file all 2 holographic signatures for any indicated by a “conformed” signature /s/ within the e-filed 3 document. 4 5 Dated: May 24, 2011 6 K&L GATES LLP /s/ Elaine Chow Attorneys for defendants and counter-claimants ADVANCED MICRO DEVICES, INC., SPANSION TECHNOLOGY INC., SPANSION INC. and SPANSION LLC 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE CASE NO. 4:10-cv-04954-CW OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES Error! Bookmark not defined.

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