Apple, Inc v. S3 Graphics Co., Ltd. et al

Filing 47

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)

Download PDF
1 2 3 4 5 6 7 8 CHRIS R. OTTENWELLER (STATE BAR NO. 73649) BAS DE BLANK (STATE BAR NO. 191487) DENISE M. MINGRONE (STATE BAR NO. 135224) JESSE CHENG (STATE BAR NO. 259909) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, California 94025 Telephone: (650) 614-7400 Facsimile: (650) 614-7401 Attorneys for Plaintiff APPLE INC. 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 14 APPLE INC., a California corporation, Plaintiff, 15 16 17 18 19 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. 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE STAY CV-11-00210 EJD 1 WHEREAS, this is an action brought by plaintiff Apple Inc. (“Apple”) against defendants 2 S3 Graphics Co., Ltd. and S3 Graphics, Inc. (collectively, “S3G”) seeking a declaratory judgment 3 of non-infringement and invalidity of United States Patent Nos. 6,658,146 (the “’146 Patent”); 4 6,683,978 (the “’978 Patent”); 6,775,417 (the “’417 Patent”); and 7,043,087 (the “’087 Patent”) 5 (collectively, the “Asserted Patents”); 6 WHEREAS, S3G has denied that the Asserted Patents are invalid and not infringed and 7 asserted claims 2, 4, 8, 13, 16, 18, and 19 of the ‘146 Patent, claims 11, 14, and 16 of the ‘978 8 Patent, claims 1, 7, 8, 12, 13, 15, and 23 of the ‘417 Patent and claims 1, 6, and 7 of the ‘087 9 Patent (collectively, the “Asserted Claims”); 10 WHEREAS, the United States Patent and Trademark Office (the “Patent Office”) is 11 currently reexamining all of the Asserted Claims, has determined that new and non-cumulative 12 prior art raises substantial new questions as to the patentability of the Asserted Claims, and has 13 issued Office Actions rejecting the Asserted Claims as unpatentable in light of this new prior art; 14 15 WHEREAS, in light of the pending reexamination of the Asserted Claims, S3G has moved this Court to stay the pending action; and, 16 WHEREAS, the parties agree the reexaminations are well advanced and that the interests 17 of justice are served by granting a stay because it would be most efficient to wait until the Patent 18 Office proceedings are completed and the Patent Office issues reexamination certificates for the 19 patents at issue, detailing what changes (if any) eventually result from its reexaminations; 20 THEREFORE, the parties hereby stipulate and request that the Court order as follows: 21 1. That this action be stayed until the after a post-reexamination case management 22 conference, to be held no earlier than three months after the Patent Office completes any of the 23 pending reexaminations by issuing a Reexamination Certificate. 24 2. That the parties submit a joint status report within 30 days after the Patent Office 25 completes any of the pending reexaminations by issuing a reexamination certificate, such report 26 informing the Court of the status of all pending reexaminations and the parties’ positions on 27 whether the stay should be lifted. 28 3. That all present deadlines and court dates be continued until the stay is lifted. -1- STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS PURSUANT TO 28 U.S.C. § 1659 CV-11-00210 HRL 1 This stipulation is without prejudice to either party seeking to lift or extend the stay if 2 circumstances warrant. 3 4 I, Bas de Blank, certify that I have obtained authorization from John Alison to affix his signature to this stipulation on behalf of S3G. 5 6 Dated: August 25, 2011 7 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 8 9 10 11 Attorneys for Plaintiff APPLE INC. Attorneys for Defendants S3 GRAPHICS CO., LTD., and S3 GRAPHICS, INC. 12 13 14 15 [PROPOSED] ORDER 16 Good cause showing, this action shall be stayed pursuant to 35 U.S.C. § 305 and the 17 18 foregoing stipulation of the parties. The Order terminates Defendant's Motion to Stay (Docket Item 44) as MOOT. ORDERED. IT IS SO 19 IT IS SO ORDERED 20 Dated: September 1, 2011 Edward J. Davila United States District Judge 21 22 23 24 25 26 27 28 -2- STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS PURSUANT TO 28 U.S.C. § 1659 CV-11-00210 HRL

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?