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Greenliant Systems, Inc. v. Technology

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 22, 2011

GREENLIANT SYSTEMS, INC.
PLAINTIFF,
v.
TECHNOLOGY, INC. XICOR LLC.
DEFENDANT.

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

Ronald L. Yin (Bar No. 063266) Alan H. Blankenheimer ronald.yin@dlapiper.com (Bar No. 218713) Michael G. Schwartz (Bar No. 197010) E-mail: ablankenheimer@cov.com michael.schwartz@dlapiper.com Jo Dale Carothers (Bar No. 228703) Erik R. Fuehrer (Bar No. 252578) E-mail: jcarothers@cov.com erik.fuehrer@dlapiper.com Christopher J. Longman (Bar No. 234473) DLA Piper LLP (US) E-mail: clongman@cov.com 2000 University Avenue Covington & Burling LLP East Palo Alto, CA 94303-2214 9191 Towne Centre Drive, 6th Floor Tel: 650.833.2000 San Diego, CA 92122-1225 Fax: 650.833.2001 Tel: 858.678.1800 Fax: 858.678.1600 Attorneys for Plaintiff Attorneys for Plaintiff Greenliant Systems, Inc. Silicon Storage Technology, Inc Kimberly P. Zapata (Bar No. 138291) kzapata@beckross.com Beck, Ross, Bismonte & Finley LLP 50 W. San Fernando Street, Suite 1300 San Jose, CA 95113 Tel: (408) 938-7900 Fax: (408) 938-0790 Attorneys for Defendant Xicor LLC

STIPULATION TO ALLOW SILICON STORAGE TO INTERVENE POST JUDGMENT TO PARTICIPATE IN APPEAL [Civil Local Rule 7-12]

ORDER

Pursuant to Local Rule 7-12 of the United States District Court for the Northern District of California, Plaintiff Greenliant Systems, Inc. ("Greenliant"), Defendant Xicor LLC ("Xicor"), and Silicon Storage Technologies ("SST") stipulate that SST may intervene in this action post- judgment in order to allow SST to participate in Xicor's anticipated appeal of a judgment entered in favor of Greenliant.

STIPULATION

WHEREAS, on June 6, 2011, Xicor and Greenliant stipulated that Judge Patel's March 21, 2011 Order in Silicon Storage Technology, Inc. v. Xicor LLC, No. CV 10-1515, which held that claims 12 and 13 of U.S. Patent RE38,370 patent were invalid under the rule against recapture (the "March 21 Order"), applies in this case.

WHEREAS, on June 6, 2011, Xicor and Greenliant also stipulated that the Court may proceed to enter final judgment in this case.

WHEREAS, on June 7, 2011, SST filed its Revised Notice of Motion and Motion to Intervene ("Motion to Intervene").

WHEREAS, although not conceding the propriety of intervention by SST as a matter of right, Xicor does not oppose SST permissively intervening in this action post-judgment and participating in any appeal from a judgment in this case, provided that SST's Motion to Intervene does not delay entry of judgment in this matter.

IT IS THEREFORE STIPULATED BY AND AMONG THE PARTIES THROUGH THEIR RESPECTIVE COUNSEL AS FOLLOWS:

The Court should proceed to enter final judgment in this case pursuant to the Stipulation filed on June 6, 2011 (Dkt. No. 22).

Immediately following entry of a judgment, the Court should allow SST to permissively intervene in this case post-judgment for the limited purpose of participating in Xicor's anticipated appeal of the March 21 Order.

The parties respectfully request that this Court not enter final judgment until such time as the Court is prepared immediately thereafter to permit SST's intervention via this stipulation.

Respectfully submitted by:

PURSUANT TO THE STIPULATION, AND GOOD CAUSE APPEARING THEREFOR,

IT IS ORDERED

That SST shall be permitted to intervene in this action under Fed. R. Civ. P. 24(b) for the limited purpose of participating in the appeal from the judgment entered in this action.

FILERS ATTESTATION

Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Jeffrey R. Bragalone, attest that concurrence in the filing of this document has been obtained.

By: /s/ Jeffrey R. Bragalone Jeffrey R. Bragalone

20110622

© 1992-2011 VersusLaw Inc.



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