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In Re Tft-Lcd (Flat Panel) Antitrust Litigation v. Au Optronics Corporation et al.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 10, 2011

IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION
NOKIA CORPORATION AND NOKIA INC.,
PLAINTIFFS,
v.
AU OPTRONICS CORPORATION ET AL. DEFENDANTS.

The opinion of the court was delivered by: Honorable Susan Illston United States District Judge

Randall Allen (State Bar No. 264067) ALSTON BIRD LLP 2 275 Middlefield Road, Suite 150 Menlo Park, California 94025 Telephone: 650-838-2000 Facsimile: 650-838-2001 Email: randall.allen@alston.com Peter Kontio (peter.kontio@alston.com) Valarie C. Williams (valarie.williams@alston.com) B. Parker Miller (parker.miller@alston.com) Joann E. Johnston (joann.johnston@alston.com) Lisa K. Bojko (lisa.bojko@alston.com) Donald M. Houser (donald.houser@alston.com) ALSTON BIRD LLP 1201 West Peachtree Street Atlanta, Georgia 30309 Telephone: 404-881-7000 Facsimile: 404-881-7777 Richard W. Stimson (rick.stimson@alston.com) ALSTON BIRD LLP Chase Tower, Suite 3601 2200 Ross Avenue Dallas, Texas 75201 Telephone: 214-922-3400 Facsimile: 214-922-3899 Attorneys for Plaintiffs Nokia Corporation and Nokia Inc.

This Document Relates to: Case No. 07-MD-21; 1827 and 3:09-CV-5609

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE

"Nokia") filed an amended complaint (the "Amended Complaint") in the above-captioned action; and ("PENAC") filed a motion to dismiss the Amended Complaint (the "Motion to Dismiss"); and November 3, 2010; and agreement (the "Tolling Agreement") to provide the parties with an opportunity to engage in discussions regarding possible entry into a further tolling agreement and corresponding suspension of the action as against PENAC; and

WHEREAS, on October 21, 2010, the Court approved an extension to the briefing schedule and a continuance of the hearing date to allow for the parties to engage in discussions pursuant to the

WHEREAS, the October 21, 2010 Order provided that (1) the hearing set for November 3, 2010 would be continued until January 13, 2011; (2) Nokia would file any opposition to the Motion to

WHEREAS, on July 23, 2010, Plaintiffs Nokia Corporation and Nokia, Inc. (collectively,

WHEREAS, on August 27, 2010, Defendant Philips Electronics North America Corporation

WHEREAS, the return date for the Motion to Dismiss originally was designated to be

WHEREAS, on October 7, 2010, PENAC and Nokia entered into a standstill and tolling

Tolling Agreement; and 14

Dismiss on or before December 2, 2010; and (3) PENAC would file any reply to Nokia's opposition on 17 or before December 23, 2010; and schedule and a second continuance of the hearing date to allow for the parties to continue their 20 discussions pursuant to the Tolling Agreement; and 21 would be continued until February 18, 2011; (2) Nokia would file any opposition to the Motion to 23 Dismiss on or before December 21, 2010; and (3) PENAC would file any reply to Nokia's opposition 24 on or before January 17, 2011; and schedule and a third continuance of the hearing date to allow for the parties to continue their 27 discussions pursuant to the Tolling Agreement; and 28

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND 2 MASTER FILE NO. 07-MD-1827-SI

EXTENDING BRIEFING SCHEDULE CASE NO. 3:09-CV-5609

WHEREAS, on December 1, 2010, the Court approved a second extension to the briefing

WHEREAS, the December 1, 2010 Order provided that (1) the hearing set for January 13, 2011

WHEREAS, on December 21, 2010, the Court approved a third extension to the briefing 2011 would be continued until February 25, 2011, or as soon thereafter as the Court could hear the 3 matter; (2) Nokia would file any opposition to the Motion to Dismiss on or before January 11, 2011; 4 and (3) PENAC would file any reply to Nokia's opposition on or before February 7, 2011; and 5 6 continue to engage in constructive discussions regarding Nokia's claims against PENAC, and believe 7 that they would benefit from an additional, limited extension of time to engage in these discussions; 8 9 and agree, subject to the Court's approval, that (1) the above-mentioned hearing currently set for 10 February 25, 2011, shall be continued until March 25, 2011, or as soon thereafter as the Court may 11 hear the matter; (2) Nokia will file any opposition to the Motion to Dismiss on or before February 10, 12

IT IS SO ORDERED 14 15

DATED:

WHEREAS, the December 21, 2010 Order provided that (1) the hearing set for February 18,

WHEREAS, the parties, having made progress towards an agreed resolution of the matter,

NOW THEREFORE, PENAC and Nokia, by and through their respective counsel, stipulate 2011; and (3) PENAC will file any reply to Nokia's opposition on or before March 7, 2011. 13

Attestation: The filer of this document attests that the concurrence of the other signatories thereto has 2 been obtained. 3

STIPULATED AND AGREED TO BY: 6 7

20110110

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