Freescale Semiconductor, Inc. v. Chipmos Technologies Inc

Filing 223

ORDER GRANTING 222 STIPULATION re 221 Administrative Motion to File Under Seal Portions of ChipMOS' Motion for Leave to File Motion for Reconsideration filed by ChipMOS Technologies, Inc. Motions terminated: 221 Administrative Motion to File Under Seal Portions of ChipMOS' Motion for Leave to File Motion for Reconsideration filed by ChipMOS Technologies, Inc. Signed by Judge Edward J. Davila on 3/13/2013. (ecg, COURT STAFF) (Filed on 3/13/2013)

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JONES DAY
GREG L. LIPPETZ (154228)
[e-mail]
JACQUELINE K. S. LEE (247705)
[e-mail]
1755 Embarcadero Road
Palo Alto, California 94303
Telephone: [phone]
Facsimile: [phone]

S

O ORD
IT IS S
d w a rd
J u d ge E

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UNIT
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NO

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S DISTRICT
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Attorneys for Defendant and Counterclaimant
CHIPMOS TECHNOLOGIES, INC.

ERED

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Attorneys for Plaintiff and
Counterclaim Defendant
FREESCALE SEMICONDUCTOR, INC.

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COOLEY LLP
RONALD S. LEMIEUX (120822)
([e-mail])
VIDYA R. BHAKAR (220210)
([e-mail])
CARRIE J. RICHEY (20825)
([e-mail])
3000 El Camino Real
Five Palo Alto Square
Palo Alto, CA 94306-2155
Telephone: [phone]
Facsimile:
650-849-7400

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3/13/2013

NORTHERN DISTRICT OF CALIFORNIA

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C

UNITED STATES DISTRICT COURT

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OF

SAN JOSE DIVISION

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FREESCALE SEMICONDUCTOR, INC.,
a corporation,

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Plaintiff,
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vs.
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CHIPMOS TECHNOLOGIES, INC., a
corporation,

CASE NO. 5:09-CV-03689-EJD
STIPULATION TO PERMIT CHIPMOS
TECHNOLOGIES, INC. TO FILE UNDER
SEAL PORTIONS OF ITS MOTION FOR
LEAVE TO FILE MOTION FOR
RECONSIDERATION AND MEMORANDUM
OF POINTS AND AUTHORITIES IN
SUPPORT THEREOF

Defendant.
JURY TRIAL DEMANDED

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AND RELATED COUNTERCLAIMS.

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Complaint filed: July 13, 2009
Trial Date: TBD
Courtroom:
Judge:

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CASE NO. 5:09-CV-03689-EJD

4, 5th Floor
Hon. Edward J. Davila

STIP. TO PERMIT CHIPMOS TO FILE UNDER
SEAL PORTIONS OF ITS MOTION FOR LEAVE
TO FILE MOTION FOR RECONSIDERATION

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Pursuant to Local Rules 7-11(a) and 79-5(b), (d), Plaintiff Freescale Semiconductor, Inc.

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(“Freescale”) and Defendant ChipMOS Technologies, Inc. (“ChipMOS”) jointly submit this

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Stipulation To Permit ChipMOS Technologies, Inc. To File Under Seal Portions of Its Motion for

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Leave To File Motion for Reconsideration and Memorandum of Points and Authorities in Support

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Thereof.

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WHEREAS ChipMOS will file on March 12, 2013, its Motion for Leave To File Motion
for Reconsideration and Memorandum of Points and Authorities in Support Thereof;

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WHEREAS portions of ChipMOS’ Motion discuss and quote documents designated by
Freescale as Protected Material pursuant to the Protective Order entered in this case
(Dkt. No. 48);

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WHEREAS ChipMOS has filed an Administrative Motion To File Under Seal Portions of

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this Motion and accompanying Memorandum of Points and Authorities in Support Thereof; and

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WHEREAS the requested relief is necessary and narrowly tailored to protect the alleged

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confidentiality of the materials submitted in support of ChipMOS’ Motion for Leave To File

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Motion for Reconsideration until such time as the Court makes a final ruling as to the

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confidentiality of the relevant subject matter.

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NOW THEREFORE IT IS HEREBY STIPULATED by the Parties, through their

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respective counsel of record, that ChipMOS is permitted to move for permission to file under seal

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portions of ChipMOS’ Motion for Leave To File Motion for Reconsideration and Memorandum

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of Points and Authorities in Support Thereof.

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While the Parties agree that portions of the concurrently filed ChipMOS’ Motion for

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Leave To File Motion for Reconsideration may be publicly filed, the Parties also agree that the

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filing shall not be construed as a waiver of any confidentiality designation or other protection

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with respect to documents, transcripts, or other information referred to in, or that serve as the

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basis for, the allegations or arguments made in them.

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//

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//

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//
CASE NO. 5:09-CV-03689-EJD

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STIP. TO PERMIT CHIPMOS TO FILE UNDER
SEAL PORTIONS OF ITS MOTION FOR LEAVE
TO FILE MOTION FOR RECONSIDERATION

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IT IS SO STIPULATED.
DATED: March 12, 2013

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Respectfully submitted,
COOLEY LLP
RONALD S. LEMIEUX
VIDYA R. BHAKAR
CARRIE J. RICHEY

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By:

/s/ Carrie J. Richey
CARRIE J. RICHEY

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Attorneys for Defendant and Counterclaimant
CHIPMOS TECHNOLOGIES, INC.

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In accordance with Civil Local Rule 5-1(i)(3), the above signatory attests that concurrence
in the filing of this document has been obtained from the signatory below.

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DATED: March 12, 2013

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Respectfully submitted,
JONES DAY
GREG L. LIPPETZ
JACQUELINE K. S. LEE

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By:

/s/ Jacqueline K. S. Lee
JACQUELINE K. S. LEE

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Attorneys for Plaintiff and Counterclaim Defendant
FREESCALE SEMICONDUCTOR, INC.

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1102653

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CASE NO. 5:09-CV-03689-EJD

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STIP. TO PERMIT CHIPMOS TO FILE UNDER
SEAL PORTIONS OF ITS MOTION FOR LEAVE
TO FILE MOTION FOR RECONSIDERATION