MCU Clocking Solutions Inc. v. Freescale Semiconductor Inc.

Filing 59

ORDER GRANTING JOINT MOTION TO CONSIDER CASES RELATED AND TO SCHEDULE INITIAL CASE MANAGEMENT CONFERENCE Signed by Judge Paul S. Grewal on June 18, 2015 (psglc2, COURT STAFF) (Filed on 6/18/2015)

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[Counsel Listed on Signature Block]

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MCU CLOCKING SOLUTIONS, INC.,

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Case No. 5:15-cv-02212-PSG

Plaintiff,

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v.

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ATMEL CORPORATION,

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Defendant.
MCU CLOCKING SOLUTIONS, INC.,

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Plaintiff,

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Case No. 5:15-cv-02213-PSG

v.

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FREESCALE SEMICONDUCTOR, INC.,

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Defendant.
MCU CLOCKING SOLUTIONS, INC.,

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Case No. 5:15-cv-02546-PSG

Plaintiff,

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v.
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MICROCHIP TECHNOLOGY, INC.

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JOINT ADMINISTRATIVE MOTION TO CONSIDER CASES RELATED AND TO
SCHEDULE INITIAL CASE MANAGEMENT CONFERENCE FOR AUGUST 11, 2015
Pursuant to Civil L.R. 3-12, the parties in Case Nos. 5:15-cv-02212-PSG, 5:15-cv-02213-

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PSG, and 5:15-cv-02546-PSG (“Proposed Related Actions”) submit this joint administrative motion
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to consider these cases related to each other. The parties further propose, pursuant to Civil Local
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Rule 6-2(a), that the Case Management Conferences in all three Proposed Related Actions be

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scheduled for August 11, 2015.

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PROCEDURAL HISTORY

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All three Proposed Related Actions were recently transferred by stipulation to the United
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States District Court for the Northern District of California from the United States District Court for
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the District of Delaware, and have all been assigned to Magistrate Judge Paul Singh Grewal. The
JOINT ADMINISTRATIVE MOTION TO CONSIDER CASES RELATED AND TO SCHEDULE INITIAL CASE
MANAGEMENT CONFERENCE FOR AUGUST 11, 2015
CASE NO. 5:15-cv-02212-PSG

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Plaintiff in all three Proposed Related Actions is MCU Clocking Solutions, Inc. (“MCU”), and all

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three actions involve U.S. Patent No. 6,292,045. Two of the three Proposed Related Actions, Case

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Nos. 5:15-cv-02213-PSG and 5:15-cv-02546-PSG, also involve U.S. Patent No. 7,296,170. The Case

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Management Conferences in Case Nos. 5:15-cv-02212 and 5:15-cv-02213 are currently both
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scheduled for June 30, 2015, whereas the Case Management Conference in Case No. 5:15-cv-02546

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has not yet been scheduled.

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BRIEF STATEMENT OF RELATIONSHIP BETWEEN CASES
The Proposed Related Actions meet the criteria for related cases under Civil L.R. 3-12. MCU

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alleges that the named Defendants in each of the actions infringe one or both asserted patents by
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making, using, offering for sale, selling, and/or importing microcontrollers that embody every

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element of at least one Claim of either or both of the asserted patents. Discovery, motion practice,

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and hearings, therefore, are likely to concern many of the same issues. Furthermore, the parties

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believe that proceeding with uncoordinated cases before separate judges would cause an unduly

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burdensome duplication of labor and expense. While the parties recognize that there may be separate
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trials in each of the three separate cases, respectively, they believe coordination of pre-trial matters
will be beneficial.
Additionally, the parties believe that a single Case Management Conference for all three
Proposed Related Actions would avoid a needless duplication of effort and expense by the parties,

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and would also serve the interests of judicial economy by allowing the Court to conduct a single Case
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Management Conference rather than multiple conferences.
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CONCLUSION

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For the reasons stated above, the parties respectfully request that the Proposed Related

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Actions all be deemed to be related to each other. The parties further propose that, pursuant to Civil

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JOINT ADMINISTRATIVE MOTION TO CONSIDER CASES RELATED AND TO SCHEDULE INITIAL CASE
MANAGEMENT CONFERENCE FOR AUGUST 11, 2015
CASE NO. 5:15-cv-02212-PSG

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Local Rule 6-2(a), a single Case Management Conference for all three Proposed Related Actions be

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scheduled for August 11, 2015, with the parties filing a Joint Case Management Statement by August

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4, 2015.

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Dated: June 17, 2015

Respectfully Submitted,
By: /s/ Vasilios E. Sanios
Edward C. Flynn (pro hac vice)
Vasilios E. Sanios (pro hac vice)
COHEN & GRACE, LLC
105 Braunlich Drive, Suite 300
Pittsburgh, PA 15237
Tel: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Christopher D. Banys (State Bar No.230038)
Christopher J. Judge (State Bar No. 230038)
Jennifer Lu Gilbert (State Bar No. 255820)
BANYS, P.C.
1032 Elwell Court, Suite 100
Palo Alto, California 94303
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff,
MCU CLOCKING SOLUTIONS, INC.

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By: /s/ Ahren C. Hsu-Hoffman
Michael Lyons (State Bar No. 202284)
Ahren C. Hsu-Hoffman (State Bar No. 250469)
Walter Scott Tester (State Bar No. 287228)
MORGAN, LEWIS, & BOCKIUS LLP
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, CA 94306
Tel: [phone]
JOINT ADMINISTRATIVE MOTION TO CONSIDER CASES RELATED AND TO SCHEDULE INITIAL CASE
MANAGEMENT CONFERENCE FOR AUGUST 11, 2015
CASE NO. 5:15-cv-02212-PSG

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Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant,
ATMEL CORPORATION

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By: /s/ Thomas W. Ritchie
David L. Witcoff (pro hac vice)
Timothy J. Heverin (pro hac vice)
Thomas W. Ritchie (pro hac vice)
JONES DAY
77 W. Wacker Drive, Suite 3500
Chicago, IL 60601-1692
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Patrick T. Michael (State Bar No. 169745)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Tel: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant,
FREESCALE SEMICONDUCTOR, INC.

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By: /s/ Brian C. Banner
Brian C. Banner (pro hac vice forthcoming)
Bruce W. Slayden , II (pro hac vice forthcoming)
SLAYDEN GRUBERT BEARD PLLC
823 Congress Avenue, Suite 525
Austin, TX 78701
Tel: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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JOINT ADMINISTRATIVE MOTION TO CONSIDER CASES RELATED AND TO SCHEDULE INITIAL CASE
MANAGEMENT CONFERENCE FOR AUGUST 11, 2015
CASE NO. 5:15-cv-02212-PSG

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Ryan R. Smith (State Bar No. 229323)
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant,
MICROCHIP TECHNOLOGY, INC.

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ATTESTATION OF CONCURRENCE IN FILING
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Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this
document has been obtained from each of the Signatories listed above.
/s/ Vasilios E. Sanios
Vasilios E. Sanios

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JOINT ADMINISTRATIVE MOTION TO CONSIDER CASES RELATED AND TO SCHEDULE INITIAL CASE
MANAGEMENT CONFERENCE FOR AUGUST 11, 2015
CASE NO. 5:15-cv-02212-PSG

PROOF OF SERVICE

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I, Vasilios E. Sanios, Esquire, hereby certify that on the 17th day of June, 2015, I served the
above JOINT ADMINISTRATIVE MOTION TO CONSIDER CASES RELATED AND TO

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SCHEDULE THE INITIAL CASE MANAGEMENT CONFERENCE FOR AUGUST 11, 2015, via
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email, to the following addresses:
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Michael Lyons
Ahren C. Hsu-Hoffman
Walter Scott Tester
[e-mail]
[e-mail]
[e-mail]

Brian C. Banner (pro hac vice forthcoming)
Bruce W. Slayden , II (pro hac vice forthcoming)
Ryan R. Smith
[e-mail]
[e-mail]
[e-mail]

Attorneys for Defendant,
ATMEL CORPORATION

Attorneys for Defendant,
MICROCHIP TECHNOLOGY, INC.

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David L. Witcoff (pro hac vice)
Timothy J. Heverin (pro hac vice)
Thomas W. Ritchie (pro hac vice)
Patrick T. Michael
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant,
FREESCALE SEMICONDUCTOR, INC.

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By: /s/ Vasilios E. Sanios
Vasilios E. Sanios

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Attorney for Plaintiff,
MCU CLOCKING SOLUTIONS, INC.

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JOINT ADMINISTRATIVE MOTION TO CONSIDER CASES RELATED AND TO SCHEDULE INITIAL CASE
MANAGEMENT CONFERENCE FOR AUGUST 11, 2015
CASE NO. 5:15-cv-02212-PSG