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Avago Technologies Fiber IP Pte. Ltd. v. Emcore Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


March 17, 2009

AVAGO TECHNOLOGIES FIBER IP (SINGAPORE) PTE. LTD., ET AL., PLAINTIFFS,
v.
EMCORE CORP., ET AL., DEFENDANT.

The opinion of the court was delivered by: Judge The Hon. Susan Illston

[PROPOSED] ORDER STAYING ACTION PURSUANT TO 28 U.S.C. 1659

Case Filed: December 1, 2008

Based on the parties' Stipulation Requesting Stay of Action Pursuant to 28 U.S.C. §1659, the Court finds as follows:

This proceeding involves the same issues and same parties as a proceeding before the United States International Trade Commission ("ITC"), and because Defendant Emcore Corp. ("Emcore"), a respondent in the ITC proceeding, has requested a stay of this action until the determination of the ITC becomes final, and because Plaintiffs Avago Technologies Fiber IP (Singapore) Pte. Ltd. and Avago Technologies General IP (Singapore) Pte. Ltd. stipulate to Emcore's request, the request to stay action pursuant to 28 U.S.C. §1659 is GRANTED, and this action against Emcore is hereby stayed pending a final determination of the ITC regarding the issues involving Emcore in the proceeding before it.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

THE HON. SUSAN ILLSTON

20090317

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