Altera Corporation v. Papst Licensing GMBH & Co.KG

Filing 70

ORDER DISMISSING CASE AS MOOT re 69 USCA Remand Order and Mandate. Signed by Judge Lucy H. Koh on 6/10/2016. (lhklc4, COURT STAFF) (Filed on 6/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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ALTERA CORPORATION,

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Case No. 14-CV-04794-LHK

Plaintiff,

ORDER DISMISSING CASE

v.

Re: Dkt. No. 69

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PAPST LICENSING GMBH & CO. KG,

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Defendant.

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On July 9, 2015, the Court granted Defendant Papst Licensing GmbH & Co. KG’s

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(“Papst”) motion to dismiss for lack of personal jurisdiction. ECF No. 57 (“July 9, 2015 dismissal

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order”). On August 7, 2015, Altera Corporation (“Altera”) filed a notice of appeal to the United

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States Court of Appeals for the Federal Circuit. ECF No. 62.

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On June 9, 2016, the Federal Circuit granted Altera’s unopposed motion to vacate the July

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9, 2015 dismissal order as moot in light of subsequent developments in parallel litigation between

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Papst and Altera. ECF No. 69 at 2 (Federal Circuit remand order and mandate). The Federal

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Circuit therefore vacated the July 9, 2015 dismissal order and remanded the instant case with

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Case No. 14-CV-04794-LHK
ORDER DISMISSING CASE

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instructions to dismiss the case as moot. Id. at 3.1
Accordingly, the instant case is DISMISSED AS MOOT. The clerk of court shall close

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the case file.

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IT IS SO ORDERED.

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Dated: June 10, 2016
______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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The July 9, 2015 dismissal order was entered in both in the instant case and in a related
declaratory judgment action filed by Xilinx, Inc. against Papst. See Case No. 14-CV-04963, ECF
No. 62. The combined order of dismissal was reported at Xilinx, Inc. v. Papst Licensing GmbH &
Co. KG, 113 F. Supp. 3d 1027 (N.D. Cal. 2015). The Federal Circuit’s remand order vacating the
July 9, 2015 dismissal order as moot is limited to the instant case involving Altera, No. 14-CV04794, and did not vacate the July 9, 2015 dismissal order as to Xilinx. See ECF No. 69 at 2.
Xilinx’s appeal of the July 9, 2015 dismissal order remains pending. See Appeal No. 15-1919.
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Case No. 14-CV-04794-LHK
ORDER DISMISSING CASE