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Ultra Clean Technology Systems and Service, Inc. v. Ultra Clean Technology Systems and Service

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 17, 2006

ULTRA CLEAN TECHNOLOGY SYSTEMS AND SERVICE, INC., AND ULTRA CLEAN HOLDINGS, INC. CELERITY, INC. PLAINTIFF/COUNTER-DEFENDANT,
v.
ULTRA CLEAN TECHNOLOGY SYSTEMS AND SERVICE, INC. DEFENDANT/COUNTERCLAIMANT AND ULTRA CLEAN HOLDINGS, INC. DEFENDANT.

The opinion of the court was delivered by: Honorable Maxine M. Chesney United States District Judge

JOINT STIPULATION AND ORDER GRANTING DEFENDANT ULTRA CLEAN TECHNOLOGY SYSTEMS AND SERVICE, INC. AND ULTRA CLEAN HOLDINGS, INC. LEAVE TO FILE COUNTERCLAIM

Technology" and Ultra Clean Holdings, Inc. ("Ultra Clean Holdings") seek to add a Counterclaim for inequitable conduct against U.S. Patent No. 6,142,539; U.S. Patent No. 6,189,570; U.S. Patent No. 6,192,938; U.S. Patent No. 6,293,310; U.S. Patent No. 6,394,138; U.S. Patent No. 6,435,215; 5 and U.S. Patent No. 6,474,700 (collectively the "patents-in-suit") to the litigation; have agreed to allow Ultra Clean Technology and Ultra Clean Holdings assert a Counterclaim of inequitable conduct against the patents-in-suit as provided in Exhibit 1 attached hereto; agreed to file its respective answers, affirmative defenses, and replies within 20 days after entry of 12 the Counterclaim;

WHEREAS, the parties have agreed that they will not challenge the Counterclaim by filing

WHEREAS, Defendant Ultra Clean Technology Systems and Service, Inc. ("Ultra Clean

WHEREAS, after the parties to this litigation ("the parties") met and conferred, the parties

WHEREAS, if the Court grants the parties' stipulated request for leave, the parties have motions to dismiss or strike;

WHEREAS, the parties agree that the filing of the Counterclaim will not affect the Court's scheduling order in the case; permitted to file the Counterclaim as provided in Exhibit 1 attached hereto. The parties further stipulate that they will file their respective answers, affirmative defenses, and replies within 20 days from entry of the Counterclaim. The parties further stipulate that the Counterclaim will not be challenged by motions to dismiss or strike.

IT IS SO STIPULATED.

THE COURT ORDERS as follows:

1. The parties' stipulated request for leave to file the Counterclaim is GRANTED and Ultra Clean Technology and Ultra Clean Holdings may, no later than May 26, 2006, file their proposed Counterclaim, which is attached as Exhibit 1 to the parties' stipulation filed May 16, 2006.

2. The parties shall file their respective answers, affirmative defenses, and replies within 20 days from the date the Counterclaim is filed.

IT IS SO ORDERED.

20060517

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