Brocade Communications Systems, Inc. et al v. A10 Networks, Inc. et al

Filing 333

ORDER Memorializing Agreements. Signed by Judge Lucy H. Koh on 11/22/2011. (lhklc2, COURT STAFF) (Filed on 11/22/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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BROCADE COMMUNICATIONS SYSTEMS,
INC., a Delaware corporation, and FOUNDRY
NETWORKS, LLC, a Delaware limited liability
company,
Plaintiffs,
v.
A10 NETWORKS, INC., a California
corporation, LEE CHEN, an individual,
RAJKUMAR JALAN, an individual, RON
SZETO, an individual, LIANG HAN, an
individual, STEVEN HWANG, an individual,
and DAVID CHEUNG, an individual,
Defendants.

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Case No.: 10-CV-03428-LHK

ORDER MEMORIALIZING
AGREEMENTS REACHED AND
FURTHER ACTIONS REQUIRED

The Parties met and conferred and reached the following resolutions, which were
memorialized on the record:

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1. By November 28, 2011, the Parties shall file a statement either informing the Court that

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resolution has been reached as to all pending discovery motions or informing the Court

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which motions must be argued at the November 29, 2011 case management conference.

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2. By November 28, 2011, at 5:00 p.m., the parties shall file a joint case management

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statement, which includes a proposal to modify the protective order, a proposal on how the

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parties intend to narrow the case going forward and identify claims for trial, and a proposal

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for regular meetings with the Court to resolve ongoing disputes.
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Case No.: 10-CV-03428-LHK
ORDER MEMORIALIZING AGREEMENTS REACHED AND FURTHER ACTIONS

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3. By November 29, 2011, the parties shall withdraw any motions or portions of motions for

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summary judgment for which construction of the ten claim terms to be construed at the

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December 19 hearing is not dispositive. The Court will strike any such motions or portions

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thereof if the parties fail to withdraw them.

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4. By November 29, 2011, the parties shall file a stipulation, withdrawing without prejudice,
the motion for summary judgment on assignor estoppel.

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5. The CEO of A10, Lee Chen, and the Vice President of Brocade, Ken Cheng, are ordered to

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meet in person before the Markman hearing on December 19, 2011 to explore resolution of

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the case.

United States District Court
For the Northern District of California

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6. The November 29, 2011 case management conference remains as set.

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IT IS SO ORDERED.

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Dated: November 22, 2011

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 10-CV-03428-LHK
ORDER MEMORIALIZING AGREEMENTS REACHED AND FURTHER ACTIONS