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

Filing 533

STIPULATION AND ORDER DENYING Request to Continue Pretrial Conference and Trial re 531 Stipulation. Nothing in this Order prevents the parties from ompleting the pretrial processes and simultaneously discuss settlement. Inthe event that the parties' settlement discussions are fruitful and definite, the parties may renew their request. Signed by Judge James Ware on 2/19/2009. (ecg, COURT STAFF) (Filed on 2/20/2009)

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[all counsel listed on signature page]

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UNITED STATES DISTRICT COURT 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 ORDER DENYING STIPULATION FOR STIPUL CONTINUING PRETRIAL ORDERATION AND [PROPOSED] ORDER CONTI CONFERENCE NUING PRETRIAL CONFERENCE AND TRIAL Date: Time: Judge: Courtroom: March 23, 2009 3:00 p.m. James Ware 8

Plaintiffs Avago Technologies General IP PTE LTD and Avago Technologies ECBU IP PTE LTD ("Avago") and Defendant Elan Microelectronics Corporation ("Elan"), through their undersigned counsel, stipulate as follows and jointly respectfully request an Order rescheduling the Joint Pretrial Conference Statement, the Pretrial Conference, and trial. 1. The parties have re-opened settlement negotiations and are planning a meeting in California in early March. 2. The parties wish to minimize litigation expenses pending the March meeting and to avoid 1
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STIPULATION AND [PROPOSED] ORDER RESCHEDULING PRETRIAL CONFERENCE AND TRIAL

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burdening the Court in the event that the parties are successful in reaching settlement terms. Under the current schedule, the Joint Pretrial Conference Statement and accompanying Motion in Limine, exhibits lists, witness lists and related exhibits are due February 23, 2009. The Pretrial Conference is scheduled for March 23, 2009 at 3:00 p.m. Jury Selection is currently set for April 14 and trial is set to commence April 15, 2009. The parties jointly request that the Court reschedule the Pretrial Conference and trial and vacate the February 23, 2009 Joint Pretrial Conference Statement deadline so that the parties can devote their efforts to settlement efforts rather than trial preparation. Dated: February 17, 2009 Respectfully submitted, Richard E. Lyon (SBN 229288) IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, California 90067-4276 Telephone: [phone] [e-mail] Attorneys for Plaintiffs Avago Technologies General IP PTR Ltd. and Avago Technologies ECBU IP PTE Ltd. By: /s/ Richard E. Lyon Richard E. Lyon

Elizabeth H. Rader (SBN 184963) ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, CA 94306-2112 Telephone: [phone] [e-mail] Attorneys for Defendants and Counterclaim-Plaintiff ELAN MICROELECTRONICS CORP. and ELAN INFORMATION TECHNOLOGY GROUP By: ______/s/ Elizabeth H. Rader__________ Elizabeth H. Rader

STIPULATION AND [PROPOSED] ORDER RESCHEDULING PRETRIAL CONFERENCE AND TRIAL

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING PRETRIAL CONFERENCE AND TRIAL

FILER'S ATTESTATION Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Elizabeth H. Rader, attest that concurrence in the filing of this document has been obtained. ______/s/ Elizabeth H. Rader__________ Elizabeth H. Rader

CERTIFICATE OF SERVICE I certify that all counsel of record, who are deemed to have consented to electronic service, are being served on February 17, 2009, with a copy of this document via the Court's CM/ECF system.

Morgan Chu, Esq. Alan J. Heinrich, Esq. David C. McPhie, Esq. Richard E. Lyon, III, Esq. Samuel Kai Lu, Esq. By:

[e-mail] [e-mail] [e-mail] [e-mail] [e-mail] /s/ Elizabeth H. Rader______________ Elizabeth H. Rader

Attorney for Defendants ELAN MICROELECTRONICS CORP. and

ELAN INFORMATION TECHNOLOGY GROUP

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING PRETRIAL CONFERENCE AND TRIAL

PROPOSED ORDER Although the sidered the above stipulatthe ,partiesohaveinds that there is good negotiations, tthee Having conCourt is encouraged that ion the C urt f re-opened settlement cause to rese th follo that, d tes a of it i he of the case and as parties' Court finds wing inalight nd thesagereby ORDEREDthe follows.previous efforts at settlement, vacating All deadlines would date are v c further the pretrialPretrial and Trial onlyscreateaa ated. delay in resolving this 2004 case. Accordingly, the The par es parties' a report on without of settleme t discussion no later h n March 1 Court DENIEStithewill file Stipulation the stateprejudice tonbe renewed. s Nothing tinathis Order 5, 2009. T the ial wil be r scheduled the _____. prevents he trpartieslfromecompletingfor _pretrial processes and simultaneously discuss settlement. In the evenththat etriaparties' rsettlementrdiscussions for __________definite, the parties may renew their T e pr the l confe ence will escheduled are fruitful and . request. he Joint Pretrial Conference Statement will be due ______________. T IT February 19, ED. Dated:IS SO ORDER2009 Dated: ____________, 2009

_____________________________ JAMES WARE United States District Judge _____________________________________ JAMES WARE UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA

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