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Sandisk Corporation v. Round Rock Research LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 20, 2012

SANDISK CORPORATION,
PLAINTIFF AND COUNTERCLAIM DEFENDANT,
v.
ROUND ROCK RESEARCH LLC,
DEFENDANT AND COUNTERCLAIM PLAINTIFF.

The opinion of the court was delivered by: Honorable Richard Seeborg United States District Judge

STIPULATED SUPPLEMENTAL JOINT CLAIM CONSTRUCTION STATEMENT AND [PROPOSED] MARKMAN SCHEDULE 23

26 the following Supplemental Joint Claim Construction Statement concerning United States Patent 27 6,845,053 ("Remaining Patents-In-Suit").

SanDisk Corporation ("SanDisk") and Round Rock Research LLP ("Round Rock") submit Nos. 5,286,344; 5,682,345; 5,783,282; 6,015,760; 6,272,586; 6,383,839; 6,570,791; 7,483,334; and 28 3 regarding U.S. Patent No. 7,021,520. [See Dkt. No. 115 (Order Dismissing '520 Patent).] 4

Reduction in Disputed Terms:

After claim construction briefing was completed, the parties agreed to dismiss their claims

Accordingly, the Court can ignore the portions of the parties' claim construction briefs addressing 5 the '520 patent. In addition, subsequent to claim construction briefing, Round Rock agreed to 6 withdraw its assertion of claims 5-8 of United States Patent No. 6,383,839. Accordingly, the Court 7 can ignore the portions of the parties' claim construction briefs that address the terms "securing a 8 semiconductor device nonparallel relative to a substrate" and "maintain the nonparallel position of 9 the semiconductor device relative to the substrate." 10

12 construction hearing on the remaining terms in dispute. The table below shows that the parties have 13 narrowed their disputes to essentially fourteen terms from seven of the Remaining Patents-In-Suit: 14 1-3, 6, 11, 12, 15 "high SiO2 etch rate"/"high level of selectivity" 5,286,344 1-3, 6, 11, 12, 15 "the contact sidewalls of said SiO2 outer layer are perpendicular to the multilayer structure layers" 1 "control means" (35 U.S.C. § 112, ¶ 6) 5,682,345 1 "program means" (35 U.S.C. § 112, ¶ 6) 1 "recall means" (35 U.S.C. § 112, ¶ 6) "depositing a first material onto a semiconductor 2, 4 substrate"/ "sputtering the first material onto the 5,783,282 semiconductor substrate" 2, 4 "bias voltage"

6,272,586 30 "a length of a communication data stream" 1-4 "reconfiguring a connection pattern of a pre-existing semiconductor device design"/"pre-existing design" 6,383,839 1-4 "semiconductor device" 1-4 "toward a single edge"/"adjacent a single edge thereof"

1, 3, 4, 14 "flash memory" 1, 3, 4 "detects a differential voltage from the array of non-volatile memory cells" 6,845,053 1, 3 "the adjustable current consumption being set to the low power mode"

Remaining Disputed Terms:

Pursuant to Patent Local Rule 4-3(c), the parties request that the Court conduct one claim

Proposed Claim Construction Hearing:

A claim construction hearing is currently scheduled for January 16, 2013. If the Court is amenable to addressing all fourteen disputed terms, the parties anticipate that a four hour hearing 4 would be sufficient to address all terms, with each side having two hours to present their positions.

The parties propose to address terms in a point/counterpoint fashion instead of having one party 6 present on all disputed terms followed by the other party presenting on all disputed terms. 7

Technology Tutorial:

A technology tutorial is currently scheduled for January 7, 2013. That date was scheduled when the claim construction hearing was set for January 9, 2013. The parties propose that the 10 technology tutorial be rescheduled for either January 14, 2013 or immediately before the claim 11 construction hearing on January 16, 2013, with each party having one hour to present their 12 technology tutorial for the Remaining Patents-In-Suit. 13

Dated: December 20, 2012 VINSON & ELKINS LLP 14 By: /s/ Chuck P. Ebertin Chuck P. Ebertin Attorneys for Plaintiff and Counterclaim Defendant SANDISK CORPORATION Dated: December 20, 2012 DESMARAIS LLP 19 By: /s/ John C. Spaccarotella John C. Spaccarotella (admitted pro hac vice) Attorneys for Defendant and Counterclaim Plaintiff ROUND ROCK RESEARCH LLC

Civil L.R. 5-1(i)

I, Chuck P. Ebertin, hereby attest that John Spaccarotella has concurred in the filing of this 6 document. 27 By: /s/ Chuck P. Ebertin Chuck P. Ebertin

Pursuant to the above stipulation, the Court adopts the following claim construction 3 schedule: 4  A claim construction hearing will be held on January 16, 2013, starting at 10:00 am, or 5 immediately following the technology tutorial. The parties can present arguments on 6 the fourteen disputed terms. Each side will have two hours to present their positions.

The parties will address terms in a point, counterpoint fashion instead of having one 8 party present on all disputed terms followed by the other party presenting on all 9 disputed terms.

 A technology tutorial will be held on [January 14, 2013] or [January 16, 2013], starting 2:00 p.m. 11 at 10:00 a.m. Each party will have one hour to present its technology tutorial.

IT IS SO ORDERED.

20121220

© 1992-2012 VersusLaw Inc.



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