Apple, Inc v. S3 Graphics Co., Ltd. et al
Filing
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STIPULATION AND ORDER GRANTING STAY PENDING REEXAMINATION re 45 Stipulation. *** Deadlines terminated re 40 Patent Scheduling Order; 10/14/2011 Hearing Terminated. Motions terminated: 44 MOTION to Stay Defendant S3 Graphics Co., Ltd.'s and S3 Graphics, Inc.'s Notice of Motion and Motion to Stay filed by S3 Graphics, Inc., S3 Graphics Co., Ltd. *** Set Case Flags: STAYED (Case Stayed). Signed by Judge Edward J. Davila on 9/1/2011. (ecg, COURT STAFF) (Filed on 9/1/2011)
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CHRIS R. OTTENWELLER (STATE BAR NO. 73649)
cottenweller@orrick.com
BAS DE BLANK (STATE BAR NO. 191487)
basdeblank@orrick.com
DENISE M. MINGRONE (STATE BAR NO. 135224)
dmingrone@orrick.com
JESSE CHENG (STATE BAR NO. 259909)
jcheng@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone:
(650) 614-7400
Facsimile:
(650) 614-7401
Attorneys for Plaintiff
APPLE INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE INC., a California corporation,
Plaintiff,
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v.
Case No. CV-11-00210 EJD
STIPULATION AND [PROPOSED]
ORDER RE STAY PENDING
REEXAMINATION
S3 GRAPHICS CO., LTD., a Cayman Islands
corporation, and S3 GRAPHICS, INC., a
Delaware corporation,
Defendants.
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STIPULATION AND [PROPOSED] ORDER RE STAY
CV-11-00210 EJD
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WHEREAS, this is an action brought by plaintiff Apple Inc. (“Apple”) against defendants
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S3 Graphics Co., Ltd. and S3 Graphics, Inc. (collectively, “S3G”) seeking a declaratory judgment
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of non-infringement and invalidity of United States Patent Nos. 6,658,146 (the “’146 Patent”);
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6,683,978 (the “’978 Patent”); 6,775,417 (the “’417 Patent”); and 7,043,087 (the “’087 Patent”)
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(collectively, the “Asserted Patents”);
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WHEREAS, S3G has denied that the Asserted Patents are invalid and not infringed and
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asserted claims 2, 4, 8, 13, 16, 18, and 19 of the ‘146 Patent, claims 11, 14, and 16 of the ‘978
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Patent, claims 1, 7, 8, 12, 13, 15, and 23 of the ‘417 Patent and claims 1, 6, and 7 of the ‘087
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Patent (collectively, the “Asserted Claims”);
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WHEREAS, the United States Patent and Trademark Office (the “Patent Office”) is
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currently reexamining all of the Asserted Claims, has determined that new and non-cumulative
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prior art raises substantial new questions as to the patentability of the Asserted Claims, and has
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issued Office Actions rejecting the Asserted Claims as unpatentable in light of this new prior art;
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WHEREAS, in light of the pending reexamination of the Asserted Claims, S3G has
moved this Court to stay the pending action; and,
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WHEREAS, the parties agree the reexaminations are well advanced and that the interests
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of justice are served by granting a stay because it would be most efficient to wait until the Patent
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Office proceedings are completed and the Patent Office issues reexamination certificates for the
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patents at issue, detailing what changes (if any) eventually result from its reexaminations;
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THEREFORE, the parties hereby stipulate and request that the Court order as follows:
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1.
That this action be stayed until the after a post-reexamination case management
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conference, to be held no earlier than three months after the Patent Office completes any of the
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pending reexaminations by issuing a Reexamination Certificate.
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2.
That the parties submit a joint status report within 30 days after the Patent Office
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completes any of the pending reexaminations by issuing a reexamination certificate, such report
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informing the Court of the status of all pending reexaminations and the parties’ positions on
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whether the stay should be lifted.
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3.
That all present deadlines and court dates be continued until the stay is lifted.
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STIPULATION AND [PROPOSED] ORDER TO STAY
PROCEEDINGS PURSUANT TO 28 U.S.C. § 1659
CV-11-00210 HRL
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This stipulation is without prejudice to either party seeking to lift or extend the stay if
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circumstances warrant.
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I, Bas de Blank, certify that I have obtained authorization from John Alison to affix his
signature to this stipulation on behalf of S3G.
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Dated: August 25, 2011
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ORRICK, HERRINGTON & SUTCLIFFE LLP
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
By: /s/ Bas de Blank
Bas de Blank
By: /s/ John Alison
John Alison
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Attorneys for Plaintiff
APPLE INC.
Attorneys for Defendants
S3 GRAPHICS CO., LTD.,
and S3 GRAPHICS, INC.
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[PROPOSED] ORDER
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Good cause showing, this action shall be stayed pursuant to 35 U.S.C. § 305 and the
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foregoing stipulation of the parties. The Order terminates Defendant's Motion to Stay (Docket Item
44) as MOOT. ORDERED.
IT IS SO
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IT IS SO ORDERED
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Dated: September 1, 2011
Edward J. Davila
United States District Judge
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STIPULATION AND [PROPOSED] ORDER TO STAY
PROCEEDINGS PURSUANT TO 28 U.S.C. § 1659
CV-11-00210 HRL
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