Free Motion for Miscellaneous Relief - District Court of California - California

Case 5:06-cv-01839-PVT

Document 325

Filed 05/22/2008

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Yitai Hu (SBN 248085) ([email protected]) Sean P. DeBruine (SBN 168071) ([email protected]) Hsin-Yi Cindy Feng (SBN 215152) ([email protected]) AKIN GUMP STRAUSS HAUER & FELD LLP 3000 El Camino Real, Suite 400 Palo Alto, California 94306 Telephone: 650-838-2000 Facsimile: 650-838-2001 Attorneys for Plaintiff and Counterdefendant ELANTECH DEVICES CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ELANTECH DEVICES CORP., ) ) ) ) ) ) ) ) ) ) ) Case No. 3:06-CV-01839 CRB MOTION TO TAKE PRELIMINARY INJUNCTION MOTION OFF CALENDAR PENDING TRANSFER OF THE CASE OR, IN THE ALTERNATIVE, MOTION FOR CONTINUANCE

12 Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. SYNAPTICS, INC and AVERATEC, INC., Defendants.

Plaintiff Elantech Devices Corp. hereby moves for an order taking the pending Motion for Preliminary Injunction filed by defendant Synaptics, Inc. ("Synaptics") off calendar, to be reset at the convenience of the Magistrate Judge should this case be transferred or, in the alternative, Elantech moves pursuant to Civ. L. R. 6-3 to postpone the hearing until at least June 20, 2008. On May 9, 2008 the parties appeared at a Case Management Conference before the Court. At that Conference the Court strongly suggested that the parties consent to the transfer of this matter to a Magistrate Judge for all purposes. Counsel for Synaptics indicated a general agreement with that suggestion, pending discussion with his client.
MOTION TO TAKE PRELIM. INJUNCTION MOTION OFF CALENDAR PENDING TRANSFER OF THE CASE OR IN THE ALTERNATE MOTION FOR CONT. 6244434

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Case 5:06-cv-01839-PVT

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Notwithstanding the strong possibility that the case would be transferred, later that day Synpatics filed its Motion for Preliminary Injunction. Dkt. #317 That motion seeks to enjoin Elantech from alleged acts of infringement of seven claims from four patents. Id. at 1. In support of that motion Synaptics filed six declarations, four from fact witnesses never deposed in this matter. Dkt. # 318-323. In compliance with Judge Breyer's suggestion, the parties met and conferred Declaration of Sean P. DeBruine filed herewith, ¶ 4. Both parties have agreed in principle to the transfer, and I understand that the parties have agreed on a particular Magistrate Judge, although Elantech has not received final confirmation from Synaptics. Id. Because this case will most likely be transferred, Elantech now moves to vacate the hearing currently noticed before Judge Breyer until the case can be transferred and a new hearing calendared. Such an outcome would make administrative sense, while providing the opportunity for Elantech to fully investigate and respond to Synaptics' motion. In the alternative, Elantech asks that the hearing date be rescheduled from May 22, 2008 to June 14, 2008. Such an extension is reasonable and necessary in light of the scope and complexity of the issues raised by Synaptics. It is also reasonable in light of scheduling conflicts with Elantech's expert witness and lead counsel, which prevented the immediate preparation of an response. Elantech's expert is a college professor and was involved in final examinations when the motion was filed and could not promptly review the voluminous materials filed with the Motion. DeBruine Decl., ¶ 6. In addition, the undersigned was traveling all of last week, while at the same time attending to a voluminous post-trial briefing in another matter. Id., ¶ 7. Elantech notes that it twice stipulated to a similar extension of time for the hearing of its Motion for Partial Summary Judgment, Dkt. # 182, and for its Motion for Preliminary Injunction. Dkt. #186. Counsel for the parties met and conferred but were unable to resolve this issue by agreement. In particular, counsel for Synaptics now refuses to re-calendar the motion after the

MOTION TO TAKE PRELIM. INJUNCTION MOTION OFF CALENDAR PENDING TRANSFER OF THE CASE OR IN THE ALTERNATE MOTION FOR CONT. 6244434

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order reassigning the case, and refuses to even the modest continuance requested here. DeBruine Decl., ¶5. For the foregoing reasons Elantech respectfully requests that the pending Motion for Preliminary Injunction be taken off calendar or, in the alternative, that the hearing on that motion be continued until at least June 14, 2008.

Dated: May 22, 2008

AKIN GUMP STRAUSS HAUER & FELD LLP By: /s/

Sean P. DeBruine Attorneys For Plaintiff ELANTECH DEVICES CORPORATION

MOTION TO TAKE PRELIM. INJUNCTION MOTION OFF CALENDAR PENDING TRANSFER OF THE CASE OR IN THE ALTERNATE MOTION FOR CONT. 6244434

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Case 5:06-cv-01839-PVT

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Yitai Hu (SBN 248086) ([email protected]) Sean P. Debruine (SBN 168071) ([email protected]) Hsin-Yi Cindy Feng (SBN 215152) ([email protected]) AKIN GUMP STRAUSS HAUER & FELD LLP 3000 El Camino Real, Suite 400 Palo Alto, California 94306 Telephone: 650-838-2000 Facsimile: 650-838-2001 Attorneys for Plaintiff and Counterdefendant ELANTECH DEVICES CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ELANTECH DEVICES CORP., ) ) ) ) ) ) ) ) ) ) ) Case No. 3:06-CV-01839 CRB [PROPOSED] ORDER GRANTING ELANTECH'S MOTION TO TAKE PRELIMINARY INJUNCTION MOTION OFF CALENDAR PENDING TRANSFER OF THE CASE OR MOTION FOR CONTINUANCE

12 Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. SYNAPTICS, INC and AVERATEC, INC., Defendants.

[PROPOSED] ORDER GRANTING ELANTECH'S MOTION TO TAKE PRELIM. INJUNCTION MOTION OFF CALENDAR PENDING TRANSFER OF THE CASE OR IN THE ALTERNATE MOTION FOR CONT. 1 6244438

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The Court has received Plaintiff Elantech Devices Corp.'s Motion To Take Preliminary Injunction Motion Off Calendar Pending Transfer Of The Case Or, In The Alternative, Motion For Continuance. Good cause appearing, the motion is GRANTED. It is hereby ORDERED that the May 30, 2008 Hearing on the pending motion by defendant Synpatics, Inc. for a Preliminary Injunction is hereby VACATED. [It is hereby ORDERED that the May 30, 2008 hearing on the pending motion by defendant Synpatics, Inc. for a Preliminary Injunction is hereby rescheduled until June 14, 2008.] IT IS SO ORDERED.

Dated: May ___, 2008

_____________________________________ HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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