UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
November 13, 2009
NXP SEMICONDUCTORS USA, INC., A DELAWARE CORPORATION, PLAINTIFF AND COUNTERDEFENDANT,
LSI CORPORATION D/B/A LSI LOGIC CORPORATION, A DELAWARE CORPORATION, AND AGERE SYSTEMS, INC., A DELAWARE CORPORATION, DEFENDANTS AND COUNTERCLAIMANTS.
The opinion of the court was delivered by: Hon. Maxine M. Chesney United States District Judge
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Plaintiff and Counterdefendant NXP Semiconductors USA, Inc. ("Plaintiff"), by and through its undersigned counsel, and Defendants and Counterclaimants, LSI Corporation and Agere Systems, Inc. (collectively "Defendants"), by and through their undersigned counsel, hereby stipulate as follows:
WHEREAS, this case involves claims for infringement by Plaintiff of four patents and counterclaims for infringement by Defendants of five patents;
WHEREAS, on July 7, 2009, September 10, 2009, and October 29, 2009, the parties participated in mediation sessions conducted by the Honorable Edward A. Infante (Ret.);
WHEREAS, although the parties did not settle this and the co-pending case (assigned to Judge Ware, Case No. C 08-0775 JW, RS) between them at the mediation sessions, they have made significant progress towards a settlement agreement through these mediation sessions;
WHEREAS, on October 8, 2009, the Court issued an Order continuing the October 16, 2009 Case Management Conference to November 20, 2009 at 10:30 a.m. (Dkt. No. 36);
WHEREAS, the parties participated in a further mediation session with the Honorable Edward A. Infante (Ret.) on October 29, 2009, and made further progress towards resolving the remaining outstanding issues in this and the co-pending case before Judge Ware. Additional settlement discussions (directly between the parties) have occurred since the October 29th mediation session, and such direct discussions will occur on an ongoing basis as the parties try in good faith to resolve complicated issues. The parties remain optimistic that a final settlement can be achieved soon.;
WHEREAS, the parties believe that good cause exists to continue the November 20, 2009 Case Management Conference. The parties respectfully ask the Court to continue the November 23, 2009 Case Management Conference to the first available date in January 2010. If the parties have not settled the cases by that time, they will provide a status report and a Case Management Conference statement to the Court not less than 10 days prior to the rescheduled Case Management Conference.
THE PARTIES HEREBY STIPULATE, by and through their respective counsel, and respectfully request that the Court continue the November 20, 2009 Case Management Conference to the first available date in January 2010. The parties shall submit a status report and a Case Management Conference Statement not less than 10 days prior to the rescheduled Case Management Conference.
IT IS SO RECOMMENDED
Dated: November 13, 2009
Hon. Edward A. Infante (Ret.)
I, Michael J. Lyons, am the ECF user whose identification and password are being used to file this Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with General Order 45.X.B, I hereby attest that Samuel K. Lu and Hon. Edward A. Infante (Ret.) concur in this filing.
Dated: November 13, 2009
The Court GRANTS the parties request to continue the November 20, 2009 Case Management Conference. On January __, 2010 at 10:30 a.m., the parties shall appear for a Case Management Conference. The parties shall file a Supplemental Joint Case Management Statement, including a status report on their settlement discussions, not less than 10 days prior to the conference.
IT IS SO ORDERED.
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