Spansion Inc. v. Tessera Inc., No. 4:2010cv04954 - Document 12 (N.D. Cal. 2010)

Court Description: ORDER Granting re 11 Stipulation CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES. Case Management Statement due by 5/31/2011. Case Management Conference set for 6/7/2011 02:00 PM. Signed by Judge Claudia Wilken on 12/7/2010. (ndr, COURT STAFF) (Filed on 12/7/2010)

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Spansion Inc. v. Tessera Inc. 1 2 3 4 5 6 7 8 Doc. 12 MICHAEL J. BETTINGER (State Bar No. 122196) TIMOTHY P. WALKER (State Bar No. 105001) ELAINE Y. CHOW (State Bar No. 194063) STEPHEN M. EVERETT (State Bar No. 121619) K&L GATES LLP Four Embarcadero Center, Suite 1200 San Francisco, CA 94111 Phone: (415) 882-8200 Fax: (415) 882-8220 mike.bettinger@klgates.com timothy.walker@klgates.com elaine.chow@klgates.com stephen.everett@klgates.com Attorneys for Plaintiffs SPANSION INC. AND SPANSION LLC 9 10 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 Case No. C-10-4954 CW 14 SPANSION, INC., et al., 15 Plaintiffs, 16 v. JOINT STIPULATION AND ORDER CHANGING THE DATE OF UPCOMING CASE MANAGEMENT CONFERENCE AND RELATED DATES 17 TESSERA, INC. 18 Claimant. 19 20 21 22 1. WHEREAS, this Court stayed the case known as Tessera, Inc. v. Advanced Micro 23 Devices, Inc. et al, Case No. C 05-04063 (CW) (the “AMD case”) by its order of May 24, 2007 with 24 respect to International Trade Commission Investigation 337-TA-605 “until the determination of the 25 ITC, including appeals becomes final,” and WHEREAS, on August 5, 2008 the Court ordered that 26 the stay of the AMD case “shall be extended until a determination in the International Trade 27 Commission Investigation 337-TA-649, including appeals, becomes final;” and 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW -1- PRINTED ON RECYCLED PAPER Dockets.Justia.com 1 2. WHEREAS, this Court issued a Related Case Order on September 11, 2008 in the 2 AMD case finding that the three cases known as, Siliconware Precision Industries Co., Ltd. et al. v. 3 Tessera, Case No. C 08-03667 RS; Advanced Semiconductor Engineering Inc. et al. v. Tessera, Case 4 No. C 08-03726 EMC; and Chipmos Technologies Inc. et al. v. Tessera, Inc., Case No. C 08-03827 5 CW, were related to the AMD case (these three cases are collectively the “Related Cases”); and 6 3. WHEREAS, this Court stayed all proceedings in the Related Cases, to include all 7 claims and counterclaims, by its order of December 19, 2008 “[i]n light of the decision by the 8 International Trade Commission (‘ITC’) granting Tessera’s motion to amend the Complaint and 9 Notice of Investigation adding U.S. Patent No. 5,663,106 to the investigation” known as 337-TA- 10 11 649 and the stipulation of the parties in the Related Cases; and 4. WHEREAS, by its orders of June 11, 2010 this Court subsequently set a Case 12 Management Conference in both the AMD case and the Related Cases for December 14, 2010 at 13 2:00 p.m; and 14 5. WHEREAS, this Court issued a Related Case Order on November 10, 2010, finding 15 that the case known as Spansion Inc. v. Tessera Inc., Case No. C 10-04954 MMC, now known as 16 Spansion Inc. v. Tessera Inc., Case No. C 10-04954 CW (the “Spansion case”), is related to this 17 case; and 18 6. WHEREAS the parties in the AMD, Spansion, and Related Cases, by their 19 undersigned counsel, report to the Court that the current status of the pending International Trade 20 Commission Investigation 337-TA-605 is that the Final Determination is under appeal to the Federal 21 Circuit in Case Number 09-1460. The appeal is now fully briefed and was argued on June 9, 2010, 22 but no decision has issued as of yet, and; 23 7. WHEREAS, since a final resolution of ITC’s 337-TA-605 investigation, including 24 appeals, is still pending, the parties in the AMD case, in the Spansion case, and in the Related Cases 25 believe that it would be most efficient to further postpone (and, in the Spansion case, postpone) the 26 case management conference and related activity in the AMD case, the Spansion case, and the 27 Related Cases until approximately June 7, 2011; and 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW -2- PRINTED ON RECYCLED PAPER 1 8. WHEREAS, the parties appearing below agree that there would be no prejudice to the 2 parties in moving the case management conference, as that case is currently stayed; 3 THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties 4 appearing below through their undersigned respective attorneys of record, based on the foregoing, 5 and subject to the approval of this Court, that: 6 a. The case management conference currently scheduled for December 14, 2010, at 2:00 7 p.m. in the AMD case shall be rescheduled for June 7, 2011 at 2_:00 p.m., or as soon thereafter as 8 the Court is available; 9 PURSUANT TO STIPULATION, IT IS SO ORDERED. 10 11 Dated this 7th day of December, 2010. Honorable Claudia Wilken United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW -3- PRINTED ON RECYCLED PAPER 1 Dated: December 6, 2010 /s/ Elaine Chow K&L GATES LLP Attorneys for plaintiffs SPANSION INC. AND SPANSION LLC Dated: December 6, 2010 /s/ Trevor Stockinger IRELL & MANELLA LLP Attorneys for claimant TESSERA, INC. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW -4- PRINTED ON RECYCLED PAPER Concurrence in the filing of this document has been obtained from the signatories listed 1 2 above. 3 4 Dated: December 6, 2010 /s/ Elaine Chow K&L GATES LLP Attorneys for plaintiffs SPANSION INC. AND SPANSION LLC 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW -5- PRINTED ON RECYCLED PAPER 1 2 Pursuant to General Order No. 45, Section X, I hereby attest that I have on file all holographic signatures for any indicated by a “conformed” signature /s/ within the e-filed document. 3 4 Dated: December 6, 2010 /s/ Elaine Chow K&L GATES LLP Attorneys for plaintiffs SPANSION INC. AND SPANSION LLC 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF UPCOMING CMC AND RELATED DATES Case No. C-10-4954 CW -6- PRINTED ON RECYCLED PAPER

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