The opinion of the court was delivered by: Honorable Susan Illston United States District Judge
STIPULATION RE DATES OF FIRST SALE FOR THE '592 PATENT AND EXTENSION OF DEADLINE FOR MOTION TO COMPEL ADDITIONAL FINANCIAL DATA
Advanced Micro Devices, Inc. and ATI Technologies, ULC (collectively, "AMD"), and Samsung Electronics Co., Ltd.; Samsung Semiconductor, Inc.; Samsung Austin Semiconductor, LLC; Samsung Electronics America, Inc.; Samsung Telecommunications America, LLC; and Samsung Digital Imaging Co., Ltd. (collectively, "Samsung") jointly submit this Stipulation regarding dates of first sale for U.S. Patent No. 5,545,592 (Iacoponi).
is necessary to determine reasonable royalty damages but can be a complex and time-consuming process and may result in finding that such dates cannot be determined to an absolute certainty;
WHEREAS, the Parties recognize that it is in the interests of efficiency and convenience to stipulate to dates of first sale that are believed to reasonably approximate the actual first dates of sale for purposes of calculating damages;
other than the Iacoponi '592 patent; Iacoponi '592 patent.
date of first sale for a product that practices the Iacoponi '592 patent for purposes of calculating damages in this case. FURTHERMORE, the parties continue to negotiate regarding AMD's production of flash memory sales data and ATI sales data. Samsung has raised questions about
THEREFORE, the parties agree that Samsung will have until April 8, 2010 to file a motion to compel relating to AMD's production of flash memory sales data and/or ATI sales data. Samsung will not seek a further extension for its damages expert reports or any other damages-related discovery deadline.
WHEREAS, identification of the dates of first sale for products that use the patents-in-suit
WHEREAS, the parties previously stipulated to the dates of first sale for all patents in suit
WHEREAS, the parties have reached an agreement regarding the date of first sale for the
THEREFORE, the parties wish to stipulate that the parties will use January 2000 as the AMD's production and AMD has indicated it will respond to these questions by April 8, 2010.
DATED: April 5, 2010 ROBINS, KAPLAN, MILLER & CIRESI L.L.P. William H. Manning Samuel L. Walling ATTORNEYS FOR ADVANCED MICRO DEVICES, INC. AND ATI TECHNOLOGIES,
DATED:April 5, 2010 COVINGTON & BURLING LLP Robert T. Haslam Amy K. Van Zant ATTORNEYS FOR SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG SEMICONDUCTOR, INC.; SAMSUNG AUSTIN SEMICONDUCTOR, LLC; SAMSUNG ELECTRONICS AMERICA, INC.; SAMSUNG ...