Avago Technologies General IP PTE Ltd. et.al. v. Elan Microelectronics Corporation et al

Filing 532

STIPULATION AND ORDER NARROWING ISSUES FOR TRIAL re 529 Stipulation filed by Avago Technologies ECBU IP PTE Ltd. Signed by Judge James Ware on 2/19/2009. (ecg, COURT STAFF) (Filed on 2/20/2009)

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NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION AVAGO TECHNOLOGIES GENERAL IP PTE LTD. and AVAGO TECHNOLOGIES ECBU IP PTE LTD., organized and incorporated under the laws of Singapore, Plaintiffs and Counterclaim-Defendants, vs. ELAN MICROELECTRONICS CORP., a Taiwanese corporation, and ELAN INFORMATION TECHNOLOGY GROUP, a California Corporation, Defendants and Counterclaim-Plaintiff. Case No. 5:04-cv-05385-JW STIPULATION AND [PROPOSED] ORDER NARROWING ISSUES FOR TRIAL

Plaintiffs Avago Technologies General IP PTE LTD and Avago Technologies ECBU IP PTE LTD ("Avago") and Defendant Elan Microelectronics Corporation agree and stipulate as follows: 1) Elan Microelectronics Corporation ("Elan") hereby voluntarily submits to the

jurisdiction of this Court, for this lawsuit and any appeals therefrom, without any admission of plaintiff's allegations of fact that Avago has contended support personal jurisdiction over Elan. 2) Avago hereby formally moves to dismiss, with prejudice, Elan Information

Technology Group as a defendant in this action.
STIPULATION AND [PROPOSED] ORDER NARROWING ISSUES FOR TRIAL 5:04-cv-05385-JW

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Avago also hereby moves to dismiss, with prejudice, all claims against Elan for

direct or indirect infringement of Claim 16 of U.S. Patent No. 5,786,804 ("the '804 patent"). 4) Elan hereby moves to dismiss, with prejudice, its counterclaims against Avago for

declaratory judgment of invalidity of Claim 16 of the '804 patent and for declaratory judgment of noninfringement of Claim 16.

Dated: February 5, 2009

Respectfully submitted, IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, California 90067-4276 Telephone: [phone] By:/s/Richard E. Lyon Richard E. Lyon Attorneys for Plaintiffs Avago Technologies General IP PTR Ltd. and Avago Technologies ECBU IP PTE Ltd. ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] By: /s/Elizabeth Rader Elizabeth H. Rader Attorneys for Defendants ELAN MICROELECTRONICS CORP. and ELAN INFORMATION TECHNOLOGY GROUP

Pursuant to General Order No. 45, Section X, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Elizabeth Rader. Dated: February 5, 2009 /s/ Richard E. Lyon

STIPULATION AND [PROPOSED] ORDER NARROWING ISSUES FOR TRIAL

5:04-cv-05385-JW

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STIPULATION AND [PROPOSED] ORDER NARROWING ISSUES FOR TRIAL

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that:

1)

This Court's jurisdiction over Elan Microelectronics Corporation is admitted and

Avago need not prove this Court's jurisdiction at trial. 2) Elan Information Technology Group is hereby DISMISSED with prejudice as a

defendant in this action, and any and all claims and counterclaims asserted by or against Elan Information Technology Group are hereby DISMISSED with prejudice. 3) Avago's claims against Elan for direct or indirect infringement of Claim 16 of

U.S. Patent No. 5,786,804 ("the '804 patent") are DISMISSED with prejudice. 4) Elan's counterclaims against Avago for declaratory judgment of invalidity of

Claim 16 of the '804 patent and for declaratory judgment of noninfringement of Claim 16 are DISMISSED with prejudice.

IT IS SO ORDERED.

Dated: February 19, 2009

_________________________________ JAMES WARE UNITED STATES DISTRICT JUDGE

5:04-cv-05385-JW