The opinion of the court was delivered by: Honorable R T Edward M. Chen United States District Judge U AS
Alan H. Blankenheimer Michael W. Shore (Bar No. 218713) Texas Bar No. 18294915 E-mail: email@example.com firstname.lastname@example.org Jo Dale Carothers (Bar No. 228703) Jeffrey R. Bragalone E-mail: email@example.com Texas Bar No. 02855775 Christopher J. Longman (Bar No. 234473) firstname.lastname@example.org E-mail: email@example.com Justin B. Kimble Covington & Burling LLP Texas Bar No. 24036909 9191 Towne Centre Drive, 6th Floor firstname.lastname@example.org San Diego, CA 92122-1225 Shore Chan Bragalone DePumpo LLP Tel: 858.678.1800 901 Main St., Suite 3300 Fax: 858.678.1600 Dallas, Texas 75202 Tel. 214-593-9110 Attorneys for Plaintiff Fax. 214-593-9111 Silicon Storage Technology, Inc. Attorneys for Xicor LLC
STIPULATION TO STAY CASE PENDING OUTCOME OF APPEAL
Pursuant to Local Rule 7-12 of the United States District Court for the Northern District of California, Plaintiff Silicon Storage Technology, Inc. ("SST") and Defendants Intersil Corporation ("Intersil") and XICOR LLC ("XICOR") (collectively, "Defendants") stipulate and agree to stay this case pending the outcome of an appeal in Greenliant Systems, Inc. v. Xicor LLC, Case No. CV 11-00631, Northern District of California, San Francisco Division ("Greenliant Case").
WHEREAS, on June 6, 2011, in the Greenliant Case the parties stipulated to entry of a final judgment based on this Court's March 21, 2011 Order that held claims 12 and 13 of U.S. Patent RE38,370 invalid under the rule against recapture (Dkt. No. 76), and Xicor has indicated that it intends to appeal such judgment.
WHEREAS, the Parties believe that staying the litigation pending the outcome of this appeal will enable an efficient use of the Court's resources.
IT IS THEREFORE STIPULATED BY AND AMONG THE PARTIES THROUGH THEIR RESPECTIVE COUNSEL AS FOLLOWS:
The Court should immediately stay this case pending the outcome of Xicor's anticipated appeal in the Greenliant Case.
Xicor and SST agree that a final determination of Xicor's anticipated appeal of this Court's March 21, 2011 Order on Claims 12 and 13 of U.S. Patent RE38,370 in the Greenliant Case, following any further appeal(s) or petition(s) for rehearing, will apply to both Xicor and SST in this case.
The Parties shall file a status report and joint case management statement with the Court within twenty-one (21) days of the disposition of the appeal in the Greenliant Case.
Respectfully submitted by:
PURSUANT TO THE STIPULATION, IT IS ...