NXP Semiconductors USA, Inc. -v- LSI Corporation

Filing 75

ORDER re 74 Stipulation, filed by NXP Semiconductors USA, Inc. Signed by Judge Richard Seeborg on 10/24/08. (rssec, COURT STAFF) (Filed on 10/24/2008)

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW SAN FRANCISCO

MICHAEL E. MOLLAND (State Bar No. 111830) DANIEL JOHNSON, JR. (State Bar No. 57409) BRETT M. SCHUMAN (State Bar No. 189247) RYAN L. SCHER (State Bar 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] Attorneys for Plaintiff NXP SEMICONDUCTORS USA, INC.

*E-FILED 10/24/08*

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 REGARDING NXP'S MOTION TO COMPEL LSI/AGERE'S COMPLIANCE WITH THE STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER

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STIPULATION REGARDING NXP'S MOTION TO COMPEL LSI/AGERE'S COMPLIANCE WITH THE STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER (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 SAN FRANCISCO

The above captioned parties NXP Semiconductors USA, Inc. ("NXP"), LSI Corporation d/b/a LSI Logic Corporation, and Agere Systems, Inc. ("collectively LSI/Agere"), by and through their respective attorneys, hereby enter this Stipulation to resolve NXP Semiconductor's Motion to Compel LSI/Agere's Compliance with the Stipulated Protective Order ("Motion to Compel") (Doc. No. 59). WHEREAS, on October 21, 2008, NXP filed its Motion to Compel (Doc. No. 59), and its Motion to Shorten Time Pursuant to L.R. 6-3 ("Motion to Shorten Time") (Doc. No. 63); WHEREAS, on October 22, 2008, LSI/Agere filed its Non-Opposition to NXP's Motion to Shorten Time (Doc. No. 68); WHEREAS, on October 22, 2008, this Court Granted NXP's Motion to Shorten Time (Doc. No. 69); WHEREAS, on October 22, 2008, this Court set NXP's Motion to Compel for Hearing for October 27, 2008, at 1:30 p.m., telephonically; WHEREAS, on October 23, 2008, LSI/Agere filed its Opposition to NXP's Motion to Compel (Doc. No. 70); WHEREAS, NXP and LSI/Agere now desire to resolve the issues raised by the Motion to Compel on the terms and conditions and subjection to the conditions of this Stipulation; NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby Stipulated and agreed to by and among the Parties, as follows: 1. Upon approval of this Stipulation by the Court, NXP's Motion to Compel is

resolved and the hearing scheduled for October 27, 2008 at 1:30 PM is taken off calendar. 2. This Stipulation shall apply to the deponent-witnesses Robert F. Lipscomb, James

Tierney, James Lamar, and Thomas Briody (collectively "Witnesses"), provided that the Witnesses have executed Exhibit A to the Stipulated Protective Order. 3. The examining attorney may properly disclose to the Witnesses, during their

depositions, any and all documents that have been produced by any party or non-party that relates to the 1987 PLA, as amended in 1995, including all license-related documents produced during
DB2/20881145.1 STIPULATION REGARDING NXP'S MOTION TO COMPEL LSI/AGERE'S COMPLIANCE WITH STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER (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 SAN FRANCISCO

this phase of the litigation. 4. The examining attorney may properly disclose to the Witnesses, during their

depositions, pages 1, 7, 8, and 9 (up through the end of the first supplemental response) of LSI Corporation's Supplemental Response to NXP Semiconductors USA, Inc.'s First Set of Interrogatories. Dated: October 24, 2008 MORGAN, LEWIS & BOCKIUS LLP

By /s/ Brett M. Schuman Brett M. Schuman Attorneys for Plaintiff NXP SEMICONDUCTORS USA, INC.

Dated: October 24, 2008

IRELL & MANELLA LLP

By /s/ Jason Sheasby Jason Sheasby Attorneys for Defendants LSI CORPORATION d/b/a LSI LOGIC CORPORATION, AGERE SYSTEMS, INC. Pursuant to General Order No. 45, Section X(B) regarding signatures, I, Brett M. Schuman, attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 24th day of October, 2008, at San Francisco. /s/ Brett M. Schuman Brett M. Schuman
STIPULATION REGARDING NXP'S MOTION TO COMPEL LSI/AGERE'S COMPLIANCE WITH STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER (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 SAN FRANCISCO

[PROPOSED] ORDER Pursuant to the Parties' Stipulation set forth above, IT IS SO ORDERED. 10/24/08 Dated:_______________________

_____________________________________ RICHARD SEEBORG UNITED STATES MAGISTRATE JUDGE

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STIPULATION REGARDING NXP'S MOTION TO COMPEL LSI/AGERE'S COMPLIANCE WITH STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER (CV-08-0775)(JW, RS)