JOINT STIPULATION TO APPROVE BOND AND TO STAY EXECUTION OF JUDGMENT THROUGH APPEAL PURSUANT TO FRCP 62; [PROPOSED] ORDER

JON S. TIGAR, District Judge.

Plaintiff Asetek Danmark A/S ("Asetek") and Defendant CMI USA, Inc. ("CMI") (collectively the "Parties") respectfully submit this joint stipulation pursuant to Federal Rule of Civil Procedure 62(d) ("Rule 62(d)") for entry of an order by this Court: (1) approving the supersedeas bond in the amount of $607,500.00 submitted herewith in combination with a supplemental cash deposit in the amount of $37,000 as the "supersedeas bond" provided in Rule 62(d), and (2) staying execution of the Court's "Revised Judgment" entered on June 2, 2015 (Dkt. No. 261) and the amended judgment to be entered pursuant to the Court's September 22, 2015 Order Denying Defendant's Post-Trial Motions; Granting in Part and Denying in Part Plaintiff's Post-Trial Motions (Dkt. No. 322, hereinafter the "Order") (collectively the "Judgment"), pending CMI's appeal to the United States Court of Appeals for the Federal Circuit. Said bond in the amount of $607,500.00 is attached as Exhibit 1 to the Declaration of Kyle Chen in Support of the Parties' Stipulation. The parties have met and conferred and stipulate that the cash deposit of $37,000 will be submitted to the Court to hold in escrow pending the appeal. CMI will submit a cashier's check or equivalent form of payment to the Court within ten (10) days of the Court's expected order approving this joint stipulation. As directed on the Court's website, the check will be made payable to "Clerk, U.S. District Court," will include reference to the case number, and will be delivered or mailed to "U.S. District Court, 450 Golden Gate Avenue., San Francisco, CA 94102," along with a copy of the expected order approving this stipulation.

CMI filed a Notice of Appeal on September 30, 2015 (Dkt. No. 323) within the time limit prescribed in Federal Rule of Appellate Procedure 4 after the Order. Rule 62(d) states: "[i]f an appeal is taken, the appellant may obtain a stay by supersedeas bond" and "[t]he stay takes effect when the court approves the bond."1 The Parties hereby stipulate that the bond in the amount of $607,500.00 in combination with the supplemental cash deposit of $37,000 to be deposited with the Court (collectively the "Plaintiff's Security") satisfies and has the same legal effect as the "supersedeas bond" requirement under Rule 62(d). The Parties thus respectfully request that this Court approve the Plaintiff's Security as the "supersedeas bond" under Rule 62(d) and stay execution of the Judgment pending CMI's appeal. Asetek shall not be permitted to collect on the Plaintiff's Security absent further order from this Court, and the Plaintiff's Security will remain in place until released by order of this Court. IT IS SO STIPULATED.

By his signature below, counsel for CMI attests that counsel for Asetek concurs in the filing of this document.