Marvell Semiconductor Inc. et al v. WI-Lan, Inc.,

Filing 15

STIPULATION AND ORDER FOUND AS MOOT re 12 Stipulation. Signed by Judge James Ware on 2/20/2009. (ecg, COURT STAFF) (Filed on 2/20/2009) [Transferred from California Northern on 10/16/2009.]

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A PROFESSIONAL CORPORATION · ATTORNEYS NEW YORK, N.Y.

MCKOOL SMITH PC Gayle Rosenstein Klein State Bar No. 237975 399 Park Avenue, Suite 3200 New York, New York 10022 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for SPECIALLY APPEARING DEFENDANT Wi-LAN Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Subject to its special appearance, specially appearing defendant Wi-LAN Inc., by and through its counsel, requests that defendant's time to answer or otherwise plead to the complaint be extended until a date ten (10) days after this Court's ruling on Wi-LAN Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction, Subject Matter Jurisdiction and Improper Venue, and Motion to Transfer to First Filed Forum, filed January 15, 2009, in a related declaratory judgment action styled Intel Corp. v Wi-LAN Inc. et al, 5:08-cv-4555 (N.D. Cal.). Defendant's time to respond to the complaint in this action was previously extended from January 26, 2009, to February 25, 2009, by Order dated February 9, 2009 (DI 10). Plaintiffs Marvell v. WI-LAN INC., Defendant. MARVELL SEMICONDUCTOR INC., ET AL., Plaintiffs, Case No. C 08-CV-05544 (JW)
FINDING AS MOOT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT

MCKOOL SMITH

Semiconductor, Inc. and Marvell Asia Pte., Ltd. do not oppose defendant's request.

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A PROFESSIONAL CORPORATION · ATTORNEYS NEW YORK, N. Y.

This stipulated request is made on the grounds that the parties wish to avoid duplicative motion practice. The Court's anticipated ruling in the related Intel case will give the parties substantial guidance as to how to proceed in the instant action. Accordingly, it is in the interest of private and judicial economy to extend the time for Wi-LAN Inc. to answer or otherwise plead until a date ten (10) days after this Court's ruling in Intel Corp. v. Wi-LAN Inc. et al. So stipulated,

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT Case No. C 08-CV-05544 JW
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MCKOOL SMITH

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A PROFESSIONAL CORPORATION · ATTORNEYS NEW YORK, N. Y.

Dated: February 18, 2009 By:

MCKOOL SMITH PC /s/ MCKOOL SMITH PC Gayle Rosenstein Klein State Bar No. 237975 399 Park Avenue, Suite 3200 New York, New York 10022 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for SPECIALLY APPEARING DEFENDANT Wi-LAN Inc.

Dated: February 19, 2009

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FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. /s/ Lily Lim State Bar No. 214536 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 3300 Hillview Ave. Palo Alto, California 94304-1203 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for plaintiffs Marvell Semiconductor, Inc. and Marvell Asia Pte., Ltd.

MCKOOL SMITH

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT Case No. C 08-CV-05544 JW
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A PROFESSIONAL CORPORATION · ATTORNEYS NEW YORK, N. Y.

IT IS SO ORDERED AS MODIFIED:

Upon the parties' stipulation, and good cause appearing therefor, it is ORDERED that

specially appearing defendant Wi-LAN Inc.'s time to answer or otherwise plead to the complaint MOOT. herein is hereby extended until a date ten (10) days after this Court's ruling on Wi-LAN Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction, Subject Matter Jurisdiction and Improper Venue, filed January 15, 2009, in a related declaratory judgment action styled Intel Corp. v WiLAN Inc. et al, 5:08-cv-4555 (N.D. Cal.).

The Court's Order on February 20, 2009 STAYED all deadlines in ALL related Cases. The Stipulation is found a

Dated: ________________, 2009

February 20

By: United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT Case No. C 08-CV-05544 JW
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MCKOOL SMITH

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A PROFESSIONAL CORPORATION · ATTORNEYS NEW YORK, N.Y.

CERTIFICATE OF SERVICE
I hereby certify that on February 19, 2009, a true and correct copy of the foregoing STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT was filed electronically with the Clerk of the Court using CM/ECF System. Notice of this filing will be sent by operation of the Court's electronic filing system to all parties indicated on the electronic filing receipt. Parties may access this filing through the Court's electronic filing system.

By:

/s/ Michael G. McManus Michael G. McManus

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MCKOOL SMITH

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