Realtek Semiconductor Corporation v. LSI Corporation et al

Filing 118

Order by Hon. Ronald M. Whyte denying 113 Motion to Shorten Time (rmwlc1, COURT STAFF) (Filed on 6/6/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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REALTEK SEMICONDUCTOR
CORPORATION,

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Plaintiff,
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v.
LSI CORPORATION, et al.,

Case No. C 12-03451 RMW
ORDER DENYING MISCELLANEOUS
ADMINISTRATIVE REQUEST FOR AN
ORDER SHORTENING BRIEFING
SCHEDULE
Re: Dkt. No. 113

Defendants.

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ORDER RE: BRIEFING SCHEDULE
CASE NO. C 12-03451 RMW

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Defendants LSI Corporation and Agere Systems LLC's Miscellaneous Administrative

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Request a shortened briefing schedule for their Motion for Certification pursuant to Civil Local

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Rule 7-11 on the basis that the Ninth Circuit will hear their appeal of this court's preliminary

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injunction on an expedited basis, and defendants wish to seek consolidation of the appeals. Dkt.

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No. 113. However, Realtek moved to dismiss the defendants' appeal of this court's preliminary

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injunction on the basis that the preliminary injunction does not go into effect unless or until the

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ITC enters an exclusion order with respect to the accused products. Accordingly, under Ninth

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Circuit Rule 27-11, the briefing schedule with respect to defendants' appeal of this court's

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preliminary injunction is stayed pending the circuit court's disposition of Realtek's motion to

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dismiss. The court thus finds no basis to expedite the briefing schedule with respect to defendants'

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Motion for Certification, and the motion will proceed pursuant to the deadlines set by Civil Local

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Rule 7-3.

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If the Court of Appeals denies Realtek's motion to dismiss defendants' appeal, defendants

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can renew their motion for an expedited briefing schedule on the Motion for Certification if it has

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not yet been ruled on by this court.

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IT IS SO ORDERED.

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June 6, 2013
DATED: __________________________

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_____________________________________
Honorable Ronald M. Whyte
United Stated District Judge

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ORDER RE: BRIEFING SCHEDULE
CASE NO. C 12-03451 RMW

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