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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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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8 SONICS, INC., a Delaware corporation,

Plaintiff,

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Case No: C 11-05311 SBA
ORDER REOPENING CASE

vs.

11 ARTERIS, INC., a Delaware corporation,
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Defendant.

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AND RELATED COUNTERCLAIM.
Pursuant to the Court’s order dated February 8, 2013 (“Order”), the instant patent

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infringement action has been stayed pending final exhaustion of all reexamination

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proceedings. Dkt. 78. On August 8, 2018, the parties filed a Joint Letter stating that all

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reexamination proceedings have concluded and all appeals have been exhausted. Dkt. 98.

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Sonics, Inc. (“Sonics”) requests that the action be reopened. Id. Arteris, Inc. (“Arteris”)

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“does not join in this request” for the reasons explained in the concurrently filed joint status

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report. Id. In the parties’ Joint Status Report (“Report”), Arteris essentially argues that the

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request to reopen is untimely. Dkt. 97.

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The Court’s order staying the action directed as follows:

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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.

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Order at 7. The last reexamination certificate issued March 27, 2018. Report at 2. The

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joint letter required by the Order was therefore due by April 10, 2018. Id. According to

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Arteris, “Sonics did nothing to reopen this case,” but instead, “sat idle for over four

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months[.]” Id. at 2-3. Arteris therefore asserts that Sonics failed to comply with this

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Court’s Order. Although not expressly stated, Arteris appears to take the position that the

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action should remain closed indefinitely.

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As noted by Sonics, Arteris fails to make a showing of prejudice due to the four-

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month delay in filing the request to reopen the action. Moreover, the Court notes that its

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Order required the “parties” to “jointly submit” the requisite notice to the Court. If

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sanctions are warranted for the failure to timely file said notice, Arteris fails to explain why

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those sanctions should be imposed against Sonics only. Nor does Arteris attempt to justify

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what is, in effect, a terminating sanction. Accordingly,
IT IS HEREBY ORDERED THAT the instant action be REOPENED and restored

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to the Court’s active civil docket. The stay entered on February 8, 2013, is VACATED.

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The parties shall appear for a telephonic Case Management Conference on September 27,

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2018, at 2:45 p.m. At least seven (7) calendar days prior to the conference, the parties shall

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meet and confer and file a Joint Case Management Conference Statement in accordance

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with Civil Local Rule 16-9. Plaintiff’s counsel shall be responsible for filing the Joint Case

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Management Statement and setting up the conference call. At the date and time indicated

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above, Plaintiff’s counsel shall call [phone] with all parties on the line. NO

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PARTY SHALL OTHERWISE CONTACT CHAMBERS DIRECTLY WITHOUT PRIOR

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AUTHORIZATION OF THE COURT.

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IT IS SO ORDERED.
Dated: 08/27/2018

______________________________
SAUNDRA BROWN ARMSTRONG
Senior United States District Judge

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