Filed: Apr. 10, 2014
Latest Update: Apr. 10, 2014
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING USE OF DISCOVERY MATERIALS FROM CASE No. 3:08-CV-05129-JCS (DKT. No 76) MAXINE M. CHESNEY, Senior District Judge. Plaintiff Infineon Technologies, AG ("Infineon") and Defendant Volterra Semiconductor Corporation ("Volterra") (collectively "the Parties") have conferred by and through their counsel and, subject to the Court's approval, HEREBY STIPULATE AS FOLLOWS: WHEREAS, the Parties in the above-captioned case are also parties to the case capti
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING USE OF DISCOVERY MATERIALS FROM CASE No. 3:08-CV-05129-JCS (DKT. No 76) MAXINE M. CHESNEY, Senior District Judge. Plaintiff Infineon Technologies, AG ("Infineon") and Defendant Volterra Semiconductor Corporation ("Volterra") (collectively "the Parties") have conferred by and through their counsel and, subject to the Court's approval, HEREBY STIPULATE AS FOLLOWS: WHEREAS, the Parties in the above-captioned case are also parties to the case captio..
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STIPULATION AND [PROPOSED] ORDER REGARDING USE OF DISCOVERY MATERIALS FROM CASE No. 3:08-CV-05129-JCS (DKT. No 76)
MAXINE M. CHESNEY, Senior District Judge.
Plaintiff Infineon Technologies, AG ("Infineon") and Defendant Volterra Semiconductor Corporation ("Volterra") (collectively "the Parties") have conferred by and through their counsel and, subject to the Court's approval, HEREBY STIPULATE AS FOLLOWS:
WHEREAS, the Parties in the above-captioned case are also parties to the case captioned Volterra Semiconductor Corporation v. Primarion, Inc. et al., United States District Court, Northern District of California, Case No. C 08-05129 (CRB) ("Volterra v. Primarion") and are represented by the same counsel in these matters;
WHEREAS, a Stipulated Protective Order was previously entered in the Volterra v. Primarion case on May 5, 2009 (Docket No. 76) (the "Protective Order");
WHEREAS, on September 11, 2012, Judge Spero entered an order (Docket No. 1820) adding the following language to the Protective Order: "Nothing in this Order shall be constructed to forbid the disclosure of any Protected Material during discovery in case 3:11-cv-6239-MMC (DMR), if so ordered by any judge in that case";
WHEREAS, for administrative convenience, the parties agree that certain materials from the Volterra v. Primarion case may be used in this case without requiring the re-production of those materials; and
WHEREAS, the parties agree that this agreement is not intended in any way to alter the scope of discovery appropriate for this action;
In view of the foregoing, the Parties STIPULATE:
1. The Protective Order entered in the Volterra v. Primarion case shall not bar the parties in this case from use of the following categories of material subject to the corresponding confidentiality protections provided in the Stipulated Protective Order entered in this case on July 17, 2012 (Docket No. 104):
• requests for production of documents and responses;
• interrogatories and responses;
• requests for admissions and responses;
• document productions and privilege logs;1
• technical (non-damages) expert reports, declarations, depositions and testimony;
• briefing, hearing transcripts, findings of facts, and orders related to claim construction, infringement/noninfringement, validity/invalidity, including for preliminary injunction, motions for summary judgment/partial summary judgment;
• pleadings (including exhibits and attachments);
• testimony (including deposition testimony, trial testimony, affidavits and declarations);
• trial transcripts, demonstratives and exhibits; and
• exhibits, attachments, appendices and other referenced materials in the above.
2. Neither party shall be required to re-produce materials that are the subject of Paragraph 1 in this lawsuit.
3. By entering into this Stipulation, neither side is waiving any objections to the discoverability, relevance, or admissibility of any of the materials that are the subject of Paragraph 1.
4. By entering into this Stipulation, neither side is waiving the right to request to add additional materials to Paragraph 1.
5. Finally, the parties agree that this Stipulation does not allow the parties to seek, obtain, or use information beyond that which would otherwise be relevant and discoverable in this action (including, e.g., that it does not permit the use of discovery or information about or relating to products other than those timely and properly accused in Infineon's infringement contentions), and does not excuse either side from complying with its discovery obligations in this case. The parties further agree that this Stipulation does not reflect an agreement that all relevant discovery that should have been provided in the Volterra v. Primarion case was produced or that the discovery that was requested or provided in the Volterra v. Primarion case was proper or relevant.
IT IS SO STIPULATED.
[PROPOSED] ORDER
Pursuant to the above Stipulation, and good cause appearing therefore,
IT IS SO ORDERED.
