Filed: Sep. 24, 2015
Latest Update: Sep. 24, 2015
Summary: JOINT STIPULATION AND [PROPOSED] ORDER PAUL S. GREWAL , Magistrate Judge . Plaintiffs Avago Technologies U.S. Inc., Avago Technologies General IP (Singapore) Pte. Ltd., Avago Technologies Trading Ltd., and Avago Technologies International Sales Pte. Ltd. (collectively, "Avago"), and Defendants IPtronics Inc., Mellanox Technologies Denmark APS, Mellanox Technologies, Inc., and Mellanox Technologies, Ltd. (collectively "Defendants") by and through their respective counsel of record, hereby jo
Summary: JOINT STIPULATION AND [PROPOSED] ORDER PAUL S. GREWAL , Magistrate Judge . Plaintiffs Avago Technologies U.S. Inc., Avago Technologies General IP (Singapore) Pte. Ltd., Avago Technologies Trading Ltd., and Avago Technologies International Sales Pte. Ltd. (collectively, "Avago"), and Defendants IPtronics Inc., Mellanox Technologies Denmark APS, Mellanox Technologies, Inc., and Mellanox Technologies, Ltd. (collectively "Defendants") by and through their respective counsel of record, hereby joi..
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JOINT STIPULATION AND [PROPOSED] ORDER
PAUL S. GREWAL, Magistrate Judge.
Plaintiffs Avago Technologies U.S. Inc., Avago Technologies General IP (Singapore) Pte. Ltd., Avago Technologies Trading Ltd., and Avago Technologies International Sales Pte. Ltd. (collectively, "Avago"), and Defendants IPtronics Inc., Mellanox Technologies Denmark APS, Mellanox Technologies, Inc., and Mellanox Technologies, Ltd. (collectively "Defendants") by and through their respective counsel of record, hereby jointly submit the following Stipulation in the above-entitled action, with regard to Avago's Motion to Compel the Production of Documents (D.N. 737):
1. The parties agree that, by September 4th, Defendants will produce, in the East Palo Alto office of Alston & Bird, all full, complete hierarchical netlists for the accused products (except for transistor model information from STMicro) in the possession custody or control of defendants in standard SPICE or SPECTRE modeling format, as .scs or other text-format native files. If Defendants' production occurs after September 4th, then Avago and Defendants stipulate that the deadline for Avago's technical experts to serve their reports addressing the accused products should be extended by that same number of days, and the parties stipulate that they shall seek such leave from the Court by stipulation. Defendants will load these files onto a computer provided by Avago, onto which Avago will have loaded software to perform simulation and modeling of the accused products. Avago's technical expert, Mr. Peterson, will then use this Avago-provided computer to perform modeling and simulation analyses using the netlists. Mr. Peterson will be permitted to load additional software onto the Avago-provided computer after it has been provided to Alston & Bird, should he desire to do so. Mr. Peterson will be permitted to create .pdf files reflecting his simulation and modeling analyses and their results, but not the net lists themselves. Defendants' counsel will transfer those .pdf files to a portable memory drive that will be provided to Mr. Peterson before he leaves the inspection facility that day. These .pdf files will be retained by Mr. Peterson and can be removed from the inspection facility, and will be retained as Highly Confidential information in accordance with the Protective Order. The existing computer containing the documents that Defendants have previously presented for inspection will also be available to Mr. Peterson for his continued inspection simultaneous with, and in the same room at Alston & Bird as, his simulation and modeling analyses described above.
2. The parties agree that Avago's counsel and experts will be permitted to continue to inspect the documents Defendants have previously presented for inspection, and the documents described above, and to perform the simulation and modeling work described above, throughout the period ending two weeks after the deposition of Defendants' technical expert or experts who opine on infringement, or two weeks after the close of expert discovery, whichever is sooner. At the conclusion of this period, Defendants shall retain custody of the Avago-provided computer and retain all data stored thereon, through trial and any appeal, but Defendants shall not use the modeling and simulation software installed on that computer by Avago.
3. Avago also seeks from Defendants the production of circuit-component device models in a conventional format (BSIM 3v3 if available, for the MOS models; HICUM models if available for the bipolar devices), in native format, and in conventional format (SPICE if available, for diode models, etc.). Defendants contend that they cannot produce this information, absent STMicro's consent, which STMicro has refused to provide, or a court order. The parties wish to present this issue to the Court this afternoon.
NOW, THEREFORE, the Parties, after conferring, hereby stipulate to, and jointly request that the Court order the relief specified above.
DECLARATION OF CONSENT
The undersigned filer attests, pursuant to Civil Local Rile 5-1(i)(3), that the concurrence in the filing of the document has been obtained from the other signatories to this document.
ORDER
Pursuant to the Stipulation, and GOOD CAUSE APPEARING,
IT IS SO ORDERED.
