Free Stipulation - District Court of California - California

Case 3:07-cv-05626-SI

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Filed 05/08/2008

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JEFFREY E. FAUCETTE (No. 193066) Email: [email protected] SIMONA ALESSANDRA AGNOLUCCI (No. 246943) Email: [email protected] HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: 415/434-1600 Facsimile: 415/217-5910 Attorneys for Defendant WI-LAN, INC. LINDA JEAN THAYER (No. 195115) Email: [email protected] FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 3300 Hillview Avenue Palo Alto, California 94304 Telephone: 650/849-6600 Facsimile: 650/849-6666 Attorneys for Plaintiff MARVELL SEMICONDUCTOR, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

MARVELL SEMICONDUCTOR INC., a California corporation, Plaintiff,

No. C 07-05626 SI Action Filed: November 5, 2007

22 v. 23 WI-LAN, INC., a Canadian corporation, 24 Defendant. 25 26 27 28

STIPULATION AND [PROPOSED] ORDER RE INITIAL CASE MANAGEMENT CONFERENCE

STIPULATION AND [PROPOSED] ORDER RE INITIAL CMC

C 07-05626 SI

Case 3:07-cv-05626-SI

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Filed 05/08/2008

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The initial case management conference in this matter is currently set for May 30, 2008 at 2:00 p.m. Defendant Wi-LAN, Inc. has filed a motion to dismiss the complaint and that motion is set for hearing on June 13, 2008 (the hearing was continued to this date by WiLAN pursuant to Local Rule 7-7(a)). The parties are currently engaged in settlement

discussions which may result in the voluntary dismissal of the lawsuit. If the lawsuit is not dismissed by Plaintiff Marvell Semiconductor, Inc., then the Court may grant Wi-LAN's motion to dismiss. In either event, there would be no need for an initial case management conference. To date, the parties have not yet met and conferred pursuant to Rule 26. If the case is not dismissed prior to the hearing on the motion to dismiss on June 13, and the Court is inclined to deny the motion, then the Court may set a date for an initial case management for a date some reasonable time after June 13. FOR THE FOREGOING REASONS, IT IS THEREFORE HEREBY STIPULATED, by and between the parties, by and through their respective attorneys of record, that: The initial case management conference in this matter shall be vacated and reset by the Court following the hearing on Wi-LAN's motion to dismiss on June 13, 2008.

DATED: May 7, 2008 By: /s/ JEFFREY E. FAUCETTE

Attorneys for Defendant WI-LAN, INC. DATED: May 7, 2008

By:

/s/ LINDA JEAN THAYER

Attorneys for Plaintiff MARVELL SEMICONDUCTOR, INC.

STIPULATION AND [PROPOSED] ORDER RE INITIAL CMC

C 07-05626 SI

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Case 3:07-cv-05626-SI

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ATTESTATION I, Jeffrey E. Faucette, am the ECF User whose identification and password are being used to file this Stipulation And [Proposed] Order Re Initial Case Management Conference. In compliance with General Order 45.X.B, I hereby attest that Linda Jean Thayer has concurred in this filing. DATED: May 7, 2008 JEFFREY E. FAUCETTE SIMONA ALESSANDRA AGNOLUCCI HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation By: /s/ JEFFREY E. FAUCETTE

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: __________________.

Attorneys for Defendant WI-LAN, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNITED STATES DISTRICT COURT JUDGE

STIPULATION AND [PROPOSED] ORDER RE INITIAL CMC

C 07-05626 SI

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