Sonics, Inc. v. Arteris, Inc.

Filing 99

ORDER REOPENING CASE. Joint Case Management Statement due by 9/20/2018. Telephonic Case Management Conference set for 9/27/2018 02:45 PM. Signed by Judge Saundra Brown Armstrong on 8/27/18. (dtmS, COURT STAFF) (Filed on 8/27/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 OAKLAND DIVISION 7 8 SONICS, INC., a Delaware corporation, Plaintiff, 9 10 Case No: C 11-05311 SBA ORDER REOPENING CASE vs. 11 ARTERIS, INC., a Delaware corporation, 12 Defendant. 13 14 15 AND RELATED COUNTERCLAIM. Pursuant to the Court’s order dated February 8, 2013 (“Order”), the instant patent 16 infringement action has been stayed pending final exhaustion of all reexamination 17 proceedings. Dkt. 78. On August 8, 2018, the parties filed a Joint Letter stating that all 18 reexamination proceedings have concluded and all appeals have been exhausted. Dkt. 98. 19 Sonics, Inc. (“Sonics”) requests that the action be reopened. Id. Arteris, Inc. (“Arteris”) 20 “does not join in this request” for the reasons explained in the concurrently filed joint status 21 report. Id. In the parties’ Joint Status Report (“Report”), Arteris essentially argues that the 22 request to reopen is untimely. Dkt. 97. 23 The Court’s order staying the action directed as follows: 24 Upon final exhaustion of all pending reexamination proceedings, including any appeals, the parties shall jointly submit to the Court, within two weeks, a letter indicating that all appeals have been exhausted, and requesting that this action be reopened and a case management conference be scheduled. 25 26 27 Order at 7. The last reexamination certificate issued March 27, 2018. Report at 2. The 28 joint letter required by the Order was therefore due by April 10, 2018. Id. According to 1 Arteris, “Sonics did nothing to reopen this case,” but instead, “sat idle for over four 2 months[.]” Id. at 2-3. Arteris therefore asserts that Sonics failed to comply with this 3 Court’s Order. Although not expressly stated, Arteris appears to take the position that the 4 action should remain closed indefinitely. 5 As noted by Sonics, Arteris fails to make a showing of prejudice due to the four- 6 month delay in filing the request to reopen the action. Moreover, the Court notes that its 7 Order required the “parties” to “jointly submit” the requisite notice to the Court. If 8 sanctions are warranted for the failure to timely file said notice, Arteris fails to explain why 9 those sanctions should be imposed against Sonics only. Nor does Arteris attempt to justify 10 11 what is, in effect, a terminating sanction. Accordingly, IT IS HEREBY ORDERED THAT the instant action be REOPENED and restored 12 to the Court’s active civil docket. The stay entered on February 8, 2013, is VACATED. 13 The parties shall appear for a telephonic Case Management Conference on September 27, 14 2018, at 2:45 p.m. At least seven (7) calendar days prior to the conference, the parties shall 15 meet and confer and file a Joint Case Management Conference Statement in accordance 16 with Civil Local Rule 16-9. Plaintiff’s counsel shall be responsible for filing the Joint Case 17 Management Statement and setting up the conference call. At the date and time indicated 18 above, Plaintiff’s counsel shall call (510) 879-3550 with all parties on the line. NO 19 PARTY SHALL OTHERWISE CONTACT CHAMBERS DIRECTLY WITHOUT PRIOR 20 AUTHORIZATION OF THE COURT. 21 22 IT IS SO ORDERED. Dated: 08/27/2018 ______________________________ SAUNDRA BROWN ARMSTRONG Senior United States District Judge 23 24 25 26 27 28 -2-

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