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Via Technologies, Inc., A Taiwan v. Sonicblue Claims

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


June 24, 2011

VIA TECHNOLOGIES, INC., A TAIWAN
CORPORATION,
PLAINTIFF,
v.
SONICBLUE CLAIMS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; A CALIFORNIA LIMITED
LIABILITY COMPANY; AND A CALIFORNIA LIMITED LIABILITY COMPANY
DEFENDANTS.

The opinion of the court was delivered by: Phyllis J. Hamilton United States District Judge

PLAINTIFF AND DEFENDANTS' JOINT STIPULATION AND [PROPOSED] ORDER AMENDING THE COURT'S MARCH 23, 2011 ORDER TO REFLECT THE COURT'S 20 JUNE 17, 2011 ORDER GRANTING FERRY DEFENDANTS' MOTION FOR 21 CLAIMS, LLC CERTIFICATION PURSUANT TO FREEFALL U.S.C. 1292(b) 22 CLAIMS I,LLC,

WHEREAS, in an order filed June 17, 2011 (Docket No. 167), the Court granted Defendants' joint motion for an order certifying for interlocutory review of the Court's order dated March 23, 2011 (Docket No. 153);

WHEREAS, Rule 5 of the Federal Rules of Appellate Procedure provides that where certification is obtained after an order has been issued, "the district court may amend its order, either on its own or in response to a party's motion, to include the required permission or statement" (Fed. R. App. P. 5(a)(3);*fn1

WHEREAS, in the interest of judicial economy, Plaintiff and Defendants 9 have agreed to stipulate to the [Proposed] Order set forth below to reflect this 10 certification; 11 WHEREAS, in the interest of judicial economy, Plaintiff and Defendants 12 have agreed that the 10-day period within which to apply to the Ninth Circuit for 13 permission to appeal under 28 U.S.C. section 1292(b) will run from the date of the 14 Court's June 17, 2011 Order, rather than the date the Court were to adopt the 15 [Proposed] Order set forth below; 16 WHEREAS, Plaintiff and Defendants have agreed that nothing in this 17 stipulation shall operate as a waiver of any kind by Plaintiff as to any arguments 18 Plaintiff may have against the suitability for interlocutory appeal of the March 23, 19 2011 Order or on the merits of any such appeal;

Plaintiff VIA Technologies, Inc. and Defendants SonicBlue Claims, LLC, Ferry Claims, LLC, and Freefall Claims I, LLC hereby agree and stipulate to the below [Proposed] Order Amending the Court's March 23, 2011 Order.

DATED: June 22, 2011 TREPEL MCGRANE GREENFIELD LLP By: Matthew R. Schultz ATTORNEYS FOR DEFENDANTS 8 FERRY CLAIMS, LLC AND FREEFALL CLAIMS I, LLC 9 10 DATED: June 22, 2011 COBLENTZ PATCH DUFFY & BASS LLP 11 12 By:Jonathan R. Bass ATTORNEYS FOR DEFENDANT SONIC BLUE CLAIMS, LLC DATED: June 22, 2011 MORRISON & FOERSTER LLP By: Douglas L. Hendricks ATTORNEYS FOR PLAINTIFF VIA 19 TECHNOLOGIES, INC.

In light of the Court's Order Granting Request For Certification Of Order 4 For Interlocutory Review Pursuant to 28 U.S.C. § 1292(b) dated June 17, 2011 5 and the parties' joint stipulation to this [Proposed] Order, the Court hereby 6 ORDERS that the Court's Order dated March 23, 2011 (Docket No. 153) shall be 7 AMENDED at page 36, line 17, to include the text (including footnote) from the 8 Court's Order dated June 17, 2011 at page 3, lines 01 -- 10. 9 10 IT IS SO ORDERED.

E N IT IS SO ORDERED U A I N ES DIST T RI A CT 11 S T C O D U

T R N O T H E A IS R I F L R C N D OF


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