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

Filing 48

MODIFIED ORDER RE: STAY PENDING REEXAMINATION. The Clerk shall administratively close this file. Signed by Judge Edward J. Davila on 12/14/2011. (ejdlc1, COURT STAFF) (Filed on 12/14/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

For the Northern District of California

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CASE NO. 5:11-cv-00210 EJD

APPLE, INC.,

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MODIFIED ORDER RE: STAY PENDING
REEXAMINATION

Plaintiff(s),
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v.
S3 GRAPHICS CO., LTD., et. al.,

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Defendant(s).
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/
On September 1, 2011, the court issued a stipulated order staying this litigation in light of a

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For the Northern District of California

United States District Court
United States District Court

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pending reexamination before the United States Patent and Trademark Office. See Docket Item No.

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47. As this case has now been abated for nearly four months without further action, the court finds

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good cause to issue a modified order concerning the stay in this case which shall supersede the

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previous order. Accordingly, the court orders as follows:

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1.

This action is STAYED in its entirety pending final exhaustion of the pending

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reexamination proceedings, including any appeals. The Clerk shall administratively

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close this file.

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2.

The parties shall submit a joint status report apprising the court of the status of the

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reexamination proceedings on January 15, 2012, and shall submit a similar report

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every sixth months thereafter.

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3.

The parties shall provide notice to the court within 30 days of the final exhaustion of
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CASE NO. 5:11-cv-00210 EJD
MODIFIED ORDER RE: STAY PENDING REEXAMINATION

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all pending reexamination proceedings, including appeals. In their notice, the parties

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shall request that this matter be reopened, and that a case management conference be

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scheduled.

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4.

This Order shall not prevent either party from seeking to reopen this case and lift or
extend the stay should the circumstances warrant.

IT IS SO ORDERED.

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Dated: December 14, 2011
EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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CASE NO. 5:11-cv-00210 EJD
MODIFIED ORDER RE: STAY PENDING REEXAMINATION