NXP Semiconductors USA, Inc. -v- LSI Corporation

Filing 335

STIPULATION AND ORDER AS MODIFIED BY THE COURT Vacating Summary Judgment Hearing Deadline Pending Further Mediation by the Parties; Setting Case Management Conference re 334 Stipulation. The parties shall submit a joint CMC statement on 9/18/2009. Case Management Conference set for 9/28/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 7/29/2009. (ecg, COURT STAFF) (Filed on 8/4/2009)

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SAMUEL K. LU (State Bar No. 171969) MICHAEL E. MOLLAND (State Bar No. JONATHAN H. STEINBERG (State Bar 111830) No. S DISTRICT DANIEL JOHNSON, JR. (State Bar No. 57409) TE 98044) C JASON G. SHEASBY (State Bar No. BRETT M. SCHUMAN (State Bar No. 189247) TA 205455) HERMAN J. HOYING (State Bar. No. 257495) C. MACLAIN WELLS (State Bar No. RYAN L. SCHER (State Bar No. 244706) 221609) MORGAN, LEWIS & BOCKIUS LLP DERED ZACHARIAH SUMMERS (State Bar No. SO OR ED One Market, Spear Street Tower IS IT 255284) DIFI San Francisco, CA 94105-1126 AS MO IRELL & MANELLA LLP Tel: [phone] Avenue of the Stars, Suite 900 Fax: [phone] Los Angeles,s California 90067-4276 e Ware E-mail: [e-mail] dge Jam(310) 277-1010 Ju Telephone: E-mail: [e-mail] Facsimile: [phone] E-mail: [e-mail] E R E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] N F E-mail: [e-mail] E-mail: [e-mail] D IS T IC T O R E-mail: [e-mail] Attorneys for Plaintiff E-mail: [e-mail] NXP SEMICONDUCTORS USA, INC. Attorneys for Defendants LSI CORPORATION and AGERE SYSTEMS, INC.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NXP SEMICONDUCTORS USA, INC., a Delaware corporation, Plaintiff, v. LSI CORPORATION d/b/a LSI LOGIC CORPORATION, a Delaware corporation, and AGERE SYSTEMS, INC., a Delaware corporation, Defendants. AGERE SYSTEMS, INC., a Delaware corporation, Counterclaimant, v. NXP SEMICONDUCTORS USA, INC., a Delaware corporation, Counterclaim-Defendant. Case No. C 08-00775 JW, RS STIPULATION AND [PROPOSED] ORDER VACATING SUMMARY JUDGMENT HEARING DEADLINE PENDING FURTHER MEDIATION BY THE PARTIES

DB2/21240031.3

STIPULATION AND [PROPOSED] ORDER VACATING SJ HEARING DEADLINE C 08-00775 JW, RS

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Plaintiff and Counterdefendant NXP Semiconductors USA, Inc. ("Plaintiff"), by and through its undersigned counsel, and Defendants and Counterclaimants, LSI Corporation and Agere Systems, Inc. (collectively "Defendants"), by and through their undersigned counsel, hereby stipulate as follows: WHEREAS, this case involves, among other things, (1) claims for declaratory judgment of non-infringement and invalidity of twelve of Defendants' patents and (2) counterclaims for infringement of four of Defendants' patents; WHEREAS, in its June 18, 2009 Order, the Court amended its previous scheduling order for anticipated motions for summary judgment to allow any party to file a motion for summary judgment to be heard on October 26, 2009 at 9:00 a.m.; WHEREAS, on July 7, 2009, the parties participated in a mediation session conducted by the Honorable Edward A. Infante (Ret.); WHEREAS, although the parties did not settle this and the co-pending case (assigned to Judge Chesney, Case No. C 08-05682 MMC) between them at the mediation, they did agree on a process for attempting to resolve the cases and are optimistic that further settlement discussions will be successful; WHEREAS, the case assigned to Judge Chesney involves claims for infringement by Plaintiff of four patents and counterclaims for infringement by Defendants of five patents; WHEREAS, the parties intend to have further business level discussions and have scheduled a further session with Judge Infante on September 10, 2009 to explore possible resolution of this and the co-pending case before Judge Chesney; WHEREAS, in light of the of the upcoming mediation session on September 10, the parties have agreed between them that their interests in pursuing settlement would best be served by avoiding the expense and potential waste of judicial resources associated with any upcoming motions for summary judgment; WHEREAS, the parties believe that, in view of the parties' agreement on terms for continuing their informal dispute resolution process, good cause exists for the Court to vacate the October 26 summary judgment hearing deadline and stay discovery at least until after the parties
DB2/21240031.3

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STIPULATION AND [PROPOSED] ORDER VACATING SJ HEARING DEADLINE C 08-00775 JW, RS

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conduct a further mediation session; THE PARTIES HEREBY STIPULATE, by and through their respective counsel, and respectfully request that the Court (1) vacate the October 26 summary judgment hearing deadline; (2) stay discovery; and (3) conduct a further case management conference on October 19, 28, 2009 September 2009 at at 10 10:00 a.m. to discuss whether a summary judgment hearing deadline should be re-imposed and on September 18, 2009. the stay on discovery lifted. The parties shall submit a CMC statement at least seven (7) days in advance of the CMCincluding, among other 19, or at such other time parties' settlement efforts, The Statement shall scheduled for October things, an update on the as the Court directs, and the parties' position as to whether the stay on discovery should be lifted and a new case reporting should status of settlement and the parties' views on whether a summary judgment schedule on the be imposed. hearing deadline should be re-imposed and the stay on discovery lifted.

Dated: July 28, 2009

MORGAN, LEWIS & BOCKIUS LLP

By: /s/ Brett M. Schuman Brett M. Schuman Attorneys for Plaintiff NXP SEMICONDUCTORS USA, INC. Dated: July 28, 2009 IRELL & MANELLA LLP

By: /s/ Samuel K. Lu Samuel K. Lu Attorneys for Defendants LSI CORPORATION and AGERE SYSTEMS, INC. PURSUANT TO STIPULATION, IT IS SO RECOMMENDED

Date: July 28, 2009

/s/ Hon. Edward A. Infante (Ret.) Hon. Edward A. Infante (Ret.)

PURSUANT TO STIPULATION, IT IS SO ORDERED AS MODIFIED. Date: July 29, 2009 _________________________________ Hon. James Ware United States District Judge 2
STIPULATION AND [PROPOSED] ORDER VACATING SJ HEARING DEADLINE C 08-00775 JW, RS