Applied Materials, Inc. v. Advanced Micro-Fabrication Equipment (Shanghai) Co, LTD et al

Filing 846

STIPULATION AND ORDER AS MODIFIED BY THE COURT REGARDING TIME FOR FILING AND SUBMISSION OF MOTIONS IN LIMINE AND DAUBERT MOTIONS RELATED TO COUNTERCLAIMS re 844 Stipulation. Any motions in limine or Daubert motions re counterclaim experts are due on 1/6/2010; oppositions due on 1/8/2010. There will be no reply briefs. Signed by Judge James Ware on 12/18/2009. (ecg, COURT STAFF) (Filed on 12/18/2009)

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HAROLD J. MCELHINNY (CA SBN 66781) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 KENNETH A. KUWAYTI (CA SBN 145384) [e-mail] MARC DAVID PETERS (CA SBN 211725) [e-mail] MARC J. PERNICK (CA SBN 160591) [e-mail] PAUL F. COYNE (CA SBN 223900) [e-mail] MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, CA 94304-1018 Telephone: [phone] Facsimile: 650-494-0792 Attorneys for Defendants ADVANCED MICRO-FABRICATION EQUIPMENT, INC. CHINA, ADVANCED MICRO-FABRICATION EQUIPMENT, INC. ASIA, AND ADVANCED MICROFABRICATION EQUIPMENT INC.

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C F D IS T IC T O R 12/18/2009

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

APPLIED MATERIALS, INC., Plaintiff, v. ADVANCED MICRO-FABRICATION EQUIPMENT, INC. CHINA, ADVANCED MICRO-FABRICATION EQUIPMENT, INC. ASIA, ADVANCED MICRO-FABRICATION EQUIPMENT INC., Defendants.

Case No.

C07 05248 JW

STIPULATION AND [PROPOSED] ORDER REGARDING TIME FOR FILING AND SUBMISSION OF MOTIONS IN LIMINE AND DAUBERT MOTIONS RELATED TO COUNTERCLAIMS

STIP. AND [PROPOSED] ORDER RE: FILING, SUBMISSION OF MILS & DAUBERT MOTIONS RE COUNTERCLAIMS CASE NO. C07 05248 JW sf-2779838

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WHEREAS, the parties have agreed that the deposition of AMEC's damages expert on its counterclaims will proceed on December 16, 2009; WHEREAS, the parties have agreed that the deposition of Applied's damages expert on AMEC's counterclaims will proceed on December 30, 2009; WHEREAS, the parties have agreed that any motions in limine or Daubert motions directed at counterclaim experts should be filed at the same time; and WHEREAS, the parties have agreed that any motions in limine or Daubert motions directed at counterclaim experts will be due on January 6, 2010 that oppositions to such motions January 8, 2009, shall be due January 8, 2010 January 13, 2009, and there will be no reply briefs; THEREFORE, the Parties hereby STIPULATE as follows: Any motions in limine or Daubert motions directed at counterclaim evidence or experts
January 13, 2009. will be due on January 6, 2010 January 8, 2009. Oppositions to such motions shall be due January 8, 2010

There will be no reply briefs Dated: December 15, 2009 KENNETH A. KUWAYTI MARC J. PERNICK MARC DAVID PETERS PAUL F. COYNE MORRISON & FOERSTER LLP By: /s/ Marc J. Pernick MARC J. PERNICK

Attorneys for Defendants Dated: December 15, 2009 THOMAS F. FITZPATRICK JOHN C. ENGLANDER JAMES C. REHNQUIST MICHAEL G. STRAPP GOODWIN PROCTER LLP By: /s/ Thomas F. Fitzpatrick THOMAS F. FITZPATRICK

Attorneys for Plaintiff APPLIED MATERIALS, INC.

STIP. AND [PROPOSED] ORDER RE: FILING, SUBMISSION OF MILS & DAUBERT MOTIONS RE COUNTERCLAIMS CASE NO. C07 05248 JW sf-2779838

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:
December 18, 2009

ORDER

ORDERED PURSUANT TO STIPULATION, IT IS SO ORDERED. AS MODIFIED.

Honorable James Ware United States District Judge Northern District of California

STIP. AND [PROPOSED] ORDER RE: FILING, SUBMISSION OF MILS & DAUBERT MOTIONS RE COUNTERCLAIMS CASE NO. C07 05248 JW sf-2779838

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1 2 3 4 5 6 7 8 Dated: December 17, 2009 9 By: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIP. AND [PROPOSED] ORDER RE: FILING, SUBMISSION OF MILS & DAUBERT MOTIONS RE COUNTERCLAIMS CASE NO. C07 05248 JW sf-2779838

ATTESTATION I, Marc J. Pernick, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER REGARDING TIME FOR FILING AND SUBMISSION OF MOTIONS IN LIMINE AND DAUBERT MOTIONS RELATED TO COUNTERCLAIMS. In compliance with General Order 45, X.B., I hereby attest that Thomas F. Fitzpatrick has concurred in this filing. MORRISON & FOERSTER LLP /s/ Marc J. Pernick MARC J. PERNICK

Attorneys for Defendants

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