Opinion
Case No. CV-11-6239 (MMC) (DMR)
03-11-2013
INFINEON TECHNOLOGIES AG, a German corporation, Plaintiff and Counterdefendant, v. VOLTERRA SEMICONDUCTOR CORPORATION, a Delaware corporation, Defendant and Counterclaimant.
TAYLOR & COMPANY LAW OFFICES, LLP Jonathan A. Patchen Attorneys for Plaintiff and Counterdefendant INFINEON TECHNOLOGIES AG FARELLA BRAUN + MARTEL LLP Jeffrey M. Fisher Attorneys for Defendant VOLTERRA SEMICONDUCTOR CORPORATION
DAVID G. WILLE (Pro Hac Vice)(TX Bar No. 08945388)
JEFFERY D. BAXTER (Pro Hac Vice)(TX Bar No. 24006816)
AARON DAVIDSON (Pro Hac Vice)(TX Bar No. 24007080)
SAMIR A. BHAVSAR (Pro Hac Vice)(TX Bar No. 00798065)
BAKER BOTTS L.L.P.
2001 Ross Avenue
Dallas, TX 75201
Telephone: (214) 953-6500
Facsimile: (214) 953-6503
E-mail: david.wille@bakerbotts.com
E-mail: jeff.baxter@bakerbotts.com
E-mail: aaron.davidson@bakerbotts.com
E-mail: samir.bhavsar@bakerbotts.com
STEPHEN E. TAYLOR (SBN 058452)
JONATHAN A. PATCHEN (SBN 237346)
CHRISTOPHER A. WIMMER (SBN 263275)
TAYLOR & COMPANY LAW OFFICES, LLP
One Ferry Building, Suite 355
San Francisco, California 94111
Telephone: (415) 788-8200
Facsimile: (415) 788-8208
E-mail: staylor@tcolaw.com
E-mail: jpatchen@tcolaw.com
E-mail: cwimmer@tcolaw.com
Attorneys for Plaintiff
INFINEON TECHNOLOGIES AG
STIPULATED REQUEST AND
[PROPOSED] ORDER CHANGING TIME
PURSUANT TO CIVIL LOCAL RULE
6-2(a)
Judge: Hon. Maxine M. Chesney
Complaint Filed: January 21, 2010
Plaintiff and Counterdefendant INFINEON TECHNOLOGIES AG ("Infineon") and Defendant and Counterclaimant VOLTERRA SEMICONDUCTOR CORPORATION ("Volterra") (collectively "the Parties") have conferred by and through their counsel and pursuant to Civil Local Rules 6-2 and 7-12, and subject to the Court's approval, HEREBY STIPULATE AS FOLLOWS:
WHEREAS, on January 7, 2013, the Parties filed a Joint Status Report (ECF 178);
WHEREAS, on January 16, 2013, in light of the Parties' Joint Status Report and the fact that disputes regarding the sufficiency of Plaintiff's infringement contention remained unresolved, this Court determined that it was premature to set a revised claim construction schedule (ECF 188);
WHEREAS, in that same order, this Court advanced the Case Management Conference in this case from April 19, 2013 to March 15, 2013;
WHEREAS, the sufficiency of Plaintiff's infringement contentions remains unresolved and Defendant is in the process of filing a further motion to challenge the adequacy of those contentions, which will be set for hearing on April 11, 2013;
WHEREAS, Plaintiff has filed a Motion For Leave To Amend Its Infringement Contentions To Add Additional Model Numbers which is presently set for hearing on April 11, 2013;
WHEREAS, the Parties believe it important to have issues with respect to Plaintiff's infringement contentions resolved before scheduling issues are considered by the Court; and WHEREAS, set forth below are the previous time modifications in this case:
(a) Stipulation and Order regarding date by which Volterra may answer, move or otherwise plead in response to complaint extended to March 16, 2010 (ECF No. 8);
(b) Stipulation and Order Extending Response and Hearing Dates re Plaintiff's Motion for Leave to Amend Its Infringement Contentions to Add Additional Model Numbers (ECF No. 202). NOW, THEREFORE, the Parties hereby propose, stipulate and agree as follows, by and through their respective counsel of record, and subject to the Court's approval, that:
1. The Case Management Conference in the above-captioned action, currently scheduled to take place on March 15, 2013 at 10:30 a.m., shall be continued to a date convenient for the Court after April 11, 2013,; and
2. Within 7 days prior to such conference, the Parties shall submit to the Court a Joint Case Management Conference Statement or to further alert the Court that issues with respect to the Plaintiff's infringement contentions remain unsettled.
IT IS SO STIPULATED.
Respectfully submitted,
TAYLOR & COMPANY LAW OFFICES, LLP
By: _____________
Jonathan A. Patchen
Attorneys for Plaintiff and Counterdefendant
INFINEON TECHNOLOGIES AG
FARELLA BRAUN + MARTEL LLP
By: _____________
Jeffrey M. Fisher
Attorneys for Defendant VOLTERRA
SEMICONDUCTOR CORPORATION
[PROPOSED] ORDER
Pursuant to the above Stipulation, and good cause appearing therefore, the Case Management Conference is hereby CONTINUED from March 15, 2013 to May 3, 2013. IT IS SO ORDERED.
______________________________
HONORABLE MAXINE M. CHESNEY
SENIOR DISTRICT COURT JUDGE