NXP Semiconductors USA, Inc. -v- LSI Corporation

Filing 342

STIPULATION AND ORDER AS MODIFIED BY THE COURT TO CONTINUE CASE MANAGEMENT CONFERENCE FROM 11/23/2009 TO 12/21/2009 re 341 Stipulation. Supplemental Joint Case Management Conference statement due 12/11/2009. Case Management Conference set for 12/21/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/17/2009. (ecg, COURT STAFF) (Filed on 11/17/2009)

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

MICHAEL E. MOLLAND (SB No. 111830) DANIEL JOHNSON, JR. (SB No. 57409) BRETT M. SCHUMAN (SB No. 189247) HERMAN J. HOYING (SB No. 257495) RYAN L. SCHER (SB No. 244706) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiff NXP SEMICONDUCTORS USA, INC.

JONATHAN STEINBERG (SB No. 98044) SAMUEL K. LU (SB No. 171969) JASON G. SHEASBYISTRICT ES D (SB No. 205455) C. MACLAIN T WELLS (SB No. 221609) C TA ZACHARIAH SUMMERS (SB No. 255284) IRELL & MANELLA LLP 1800 Avenue of the Stars, SuiteED ER 900 Los Angeles, CA SO ORD 90067-4276 IT IS Tel: [phone]MODIFIED AS Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] Ware Judge J E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E

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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. CV-08-0775 JW, RS STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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DB2/21429071.1 STIP. & [PROPOSED] ORDER TO CONTINUE CASE MGMT. CONF. (CV-08-0775 JW, RS)

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

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, on July 7, 2009, September 10, 2009, and October 29, 2009, the parties participated in mediation sessions 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 sessions, they have made significant progress towards a settlement agreement through these mediation sessions; WHEREAS, on September 24, 2009, the Court issued an Order continuing the September 28, 2009 Case Management Conference to November 2, 2009 (Dkt. No. 337); WHEREAS, on October 27, 2009, the Court issued an Order continuing the November 2, 2009 Case Management Conference to November 23 (Dkt. No. 339); WHEREAS, the parties participated in a further mediation session with the Honorable Edward A. Infante (Ret.) on October 29, 2009, and made further progress towards resolving the remaining outstanding issues in this and the co-pending case before Judge Chesney. Additional settlement discussions (directly between the parties) have occurred since the October 29th mediation session, and such direct discussions will occur on an ongoing basis as the parties try in good faith to resolve complicated issues. The parties remain optimistic that a final settlement can be achieved soon.; WHEREAS, the parties believe that good cause exists to continue the November 23, 2009 Case Management Conference. The parties respectfully ask the Court to continue the November 23, 2009 Case Management Conference to the first available date in January 2010. If the parties have not settled the cases by that time, they will provide a status report and a Case Management Conference statement to the Court not less than 10 days prior to the rescheduled Case
DB2/21429071.1

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STIP. & [PROPOSED] ORDER TO CONTINUE CASE MGMT. CONF. (CV-08-0775 JW, RS)

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

Management Conference. THE PARTIES HEREBY STIPULATE, by and through their respective counsel, and respectfully request that the Court continue the November 23, 2009 Case Management Conference to the first available date in January 2010. The parties shall submit a status report and a Case Management Conference Statement not less than 10 days prior to the rescheduled Case Management Conference. Dated: November 13, 2009 MORGAN, LEWIS & BOCKIUS LLP

By /s/ Brett M. Schuman Brett M. Schuman Attorneys for Plaintiff Dated: November 13, 2009 IRELL & MANELLA LLP

By /s/ Samuel K. Lu Samuel K. Lu Attorneys for Defendants IT IS SO RECOMMENDED Dated: November 13, 2009 By /s/ Edward A. Infante Hon. Edward A. Infante (Ret.) FILER'S ATTESTATION I, Brett M. Schuman, am the ECF user whose identification and password are being used to file this Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with General Order 45.X.B, I hereby attest that Samuel K. Lu and Hon. Edward A. Infante (Ret.) concur in this filing. Dated: November 13, 2009 By /s/ Brett M. Schuman Brett M. Schuman Attorneys for Plaintiff

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STIP. & [PROPOSED] ORDER TO CONTINUE CASE MGMT. CONF. (CV-08-0775 JW, RS)

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

[PROPOSED] ORDER The Court GRANTS the parties request to continue the November 23, 2009 Case December 2010 at at 10 a.m., parties shall appear for for a Case Management Conference. On January __,21, 200910 a.m., the the parties shall appear a Case Management Conference. The parties shall file a Supplemental Joint Case Management Statement, including a status report on their settlement discussions, not or before 10 days prior to on less than December 11, 2009. the conference. IT IS SO ORDERED. Dated: November 17, 2009 By HON. JAMES WARE UNITED STATES DISTRICT JUDGE

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STIP. & [PROPOSED] ORDER TO CONTINUE CASE MGMT. CONF. (CV-08-0775 JW, RS)