Opinion
Case No. C 10-00945 CW
10-28-2011
POWERTECH TECHNOLOGY INC., Plaintiff, v. TESSERA, INC., Defendant.
Gina Bibby FOLEY & LARDNER LLP Counsel for Plaintiff Powertech Technology, Inc. Kenneth Weatherwax IRELL & MANELLA LLP Counsel for Defendant Tessera, Inc.
FOLEY & LARDNER LLP
Gina A. Bibby (CA 242657) gbibby@foley.com
Attorneys for Plaintiff Powertech Technology Inc.
IRELL & MANELLA LLP
Morgan Chu (CA 70446) mchu@irell.com
Joseph M. Lipner (CA 155735) jlipner@irell.com
Kenneth J. Weatherwax (CA 218612) kweatherwax@irell.com
Attorneys for Defendant Tessera, Inc.
CORRECTED JOINT STIPULATION
AND [PROPOSED] ORDER
CHANGING DATE OF UPCOMING
CASE MANAGEMENT
CONFERENCE AND RELATED
DATES
IT IS HEREBY STIPULATED by and between Plaintiff Powertech Technology, Inc. ("Plaintiff") and Defendant Tessera, Inc. ("Defendant"), by and through their counsel of record as follows:
1. WHEREAS, this Court issued a Related Case Order on March 22, 2010 in this declaratory judgment action ("the Action") finding that the case known as Siliconware Precision Industries Co., Ltd. et al. v. Tessera, Inc., Case No. C 08-03667 CW ("the Siliconware Case"), is related to this Action;
2. WHEREAS, this Court issued an Order on June 1, 2010 dismissing this Action;
3. WHEREAS, plaintiff Powertech Technology, Inc. filed a Notice of Appeal on August 6, 2010;
4. WHEREAS, the U.S. Court of Appeals for the Federal Circuit issued a published decision on September 30, 2011 to reverse and remand;
5. WHEREAS, pursuant to Federal Rules of Appellate Procedure 35 and 40 and Federal Circuit Rule of Practice 40, the mandate of the Court of Appeals will not issue unless the time permitted to seek rehearing of the final decision of that court expires, or unless that court denies rehearing if it is sought;
6. WHEREAS, the parties to this Action, by their undersigned counsel, report to the Court that, according to PACER, the Court of Appeals issued an order on October 27, 2011 granting Tessera's unopposed motion to extend time to seek rehearing until November 14, 2011;
7. WHEREAS, by minute order of October 13, 2011 this Court set a Case Management Conference in this Action for November 8, 2011at 2:00 p.m., together with the related Siliconware Case;
8. WHEREAS, because a final resolution of the appeal of the dismissal of this Action, including appeals, is still pending, and the mandate of the Court of Appeals has not yet issued to this Court, and the parties to this Action believe that it would be most efficient to postpone the case management conference and related activity in this Action until approximately January 3, 2011;
9. WHEREAS, the parties to this Action agree that there would be no prejudice to the parties in moving the case management conference, as the mandate has not yet been returned and will not be returned by the date of the presently scheduled case management conference; and
10. WHEREAS, both parties concur in the filing of this document; THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties appearing below through their undersigned respective attorneys of record, based on the foregoing, and subject to the approval of this Court, that:
The case management conference currently scheduled for November 8, 2011, at 2:00 p.m. in this Action shall be rescheduled for January 3, 2012, at 2:00 p.m., or as soon thereafter as the Court is available. The case management statement shall be due seven days before the date set for the case management conference.
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. The case management conference will be held on Wednesday, January 4, 2012, at 2:00 p.m.
Honorable Claudia Wilken
United States District Judge
SO STIPULATED.
Gina Bibby
FOLEY & LARDNER LLP
Counsel for Plaintiff Powertech
Technology, Inc.
Kenneth Weatherwax
IRELL & MANELLA LLP
Counsel for Defendant Tessera, Inc.