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