Tessera, Inc. v. UTAC (Taiwan) Corporaiton

Filing 207

AMENDED CASE MANAGEMENT ORDER (Correcting PDF re 206 ). All scheduled dates remain as previously set in 206 . Signed by Judge Edward J. Davila on 11/21/2014. (ecg, COURT STAFF) (Filed on 11/21/2014)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4
5

TESSERA, INC.,

Case No. 5:10-cv-04435 EJD

Plaintiff,
6

AMENDED CASE MANAGEMENT
ORDER

v.
7
8

UTAC (TAIWAN) CORPORATION,
Defendant.

9

Case Management Conference. Based on the parties’ Joint Case Management Statement and the

12
Northern District of California

On November 21, 2014, the parties appeared before Judge Edward J. Davila for an Interim

11

United States District Court

10

discussions held at the conference,

13

IT IS HEREBY ORDERED that Defendant’s request to file a limited-issue Motion for

14

Partial Summary Judgment is GRANTED. Defendant may file Motion for Partial Summary

15

Judgment not exceeding 15 pages which addresses (1) whether the contract can be interpreted so

16

as to require royalty payments based on a patent issued in a country where UTAC has never made

17

or sold a product, and (2) assuming it does, whether and on what legal basis this court can

18

construe a foreign patents’ claim terms. Plaintiff may file an opposition to the Motion for Partial

19

Summary Judgment not exceeding 15 pages. Defendant may then file a reply not exceeding 10

20

pages. The motion will be deemed submitted for decision without oral argument upon conclusion

21

of the briefing.

22
23

Briefing for the Motion for Partial Summary Judgment shall occur according to the
following schedule:

25

EVENT
DEADLINE
Deadline for Defendant to file the Motion for
December 1, 2014
Partial Summary Judgment

26

Deadline for Plaintiff to file the Opposition

December 15, 2014

27

Deadline for Defendant to file the Reply

December 22, 2014

24

28

1
Case No.: 5:10-cv-04435 EJD
AMENDED CASE MANAGEMENT CONFERENCE ORDER

1

IT IS FURTHER ORDERED the current deadlines for claim construction briefing and

2

hearing scheduled for January 15, 2015, are VACATED in order to accommodate the Motion for

3

Partial Summary Judgment. Those deadlines shall be reset according to the following schedule:

4

6
7
8

EVENT

DEADLINE

Opening Claim Construction Brief

January 13, 2015

Responsive Claim Construction Brief

January 27, 2015

Reply Claim Construction Brief

5

February 3, 2015

Case Tutorial and Claim Construction Hearing

9:00 a.m. on February 18, 2015

9

to Elizabeth Garcia, the undersigned’s courtroom deputy, three copies of any slides or other

12
Northern District of California

IT IS FURTHER ORDERED that, on or before February 10, 2015, the parties shall deliver

11

United States District Court

10

materials the parties intend to display during the claim construction hearing.

13

IT IS FURTHER ORDERED that Defendant’s Motion Concerning Claim Construction

14

Proceedings (Docket Item No. 195) is GRANTED IN PART and DENIED IN PART.

15

Defendant’s request for leave to construe one more claim term, for a total of 11 claim terms, is

16

GRANTED. However, Defendant’s requests to modify claim construction briefing and for

17

additional time at the claim construction hearing is DENIED.

18
19
20
21
22
23

IT IS FURTHER ORDERED that all other deadlines shall remain as scheduled to the
extent they are not modified herein.
IT IS SO ORDERED.
Dated: November 21, 2014
______________________________________
EDWARD J. DAVILA
United States District Judge

24
25
26
27
28

2
Case No.: 5:10-cv-04435 EJD
AMENDED CASE MANAGEMENT CONFERENCE ORDER