Samsung Electronics Co., Ltd et al v. United Module Corp. et al, No. 2:11-cv-00331 (E.D. Tex. Feb. 3, 2011)

Plaintiffs, ORDER EXPEDITING BRIEFING 14 AND HEARING SCHEDULE ON

v. DEFENDANTS’ MOTIONS TO

15 DISMISS AND CASE

UNITED MODULE CORP., and KERANOS, MANAGEMENT CONFERENCE 16 LLC,

AND ORDER

[Civil Local Rule 6-2]

17 Defendants. 18 19 WHEREAS on February 1, 2011, defendants United Module Corp. (“United Module”) 20 and Keranos, LLC (“Keranos”) filed their Motions to Dismiss Pursuant to the First to File Rule 21 and/or for Lack of Subject Matter Jurisdiction (“Motion to Dismiss”) in the above-referenced 22 action before Magistrate Judge Grewal, the Court to which this case was initially assigned; 23 WHEREAS by Order of February 2, 2011, Magistrate Judge Grewal referred this case to 24 Judge Lucy Koh with a request to consider whether this case should be related to the following 25 three declaratory judgment actions before Judge Koh entitled: 26  Microchip Tech., Inc. et. al. v. United Module Corp. et. al., Civil Action No. 3:10-27 cv-4241-LHK (“the Microchip California Case”) [Dkt. No. 3 at ¶¶ 6-7];

21  Freescale Semiconductor, Inc. et al. v. United Module Corp. et al., Civil Action 2 No. 10-cv-5196-LV (“Freescale California Case”) [Dkt. No. 3 at ¶¶ 7-8]; and 3  Taiwan Semiconductor Mfg. Co. et al. v. United Module Corp. et al., Civil Action 4 No. 10-cv-5290-BZ (“the TSMC California Case”) [Dkt. No. 3 at ¶ 9] 5 (collectively referred to herein as “Related Declaratory Judgment Actions”); 6 WHEREAS all the parties to this action agree that this action should be related with the 7 Related Declaratory Judgment Actions; and 8 WHEREAS, Keranos and United Module have previously filed Motions to Dismiss 9 Pursuant to the First to File Rule and/or for Lack of Subject Matter Jurisdiction in the Related 10 Declaratory Judgment Actions that are currently set for hearing before Judge Koh on March 3, 11 2011, with opposition briefs due on February 4 and reply briefs due on February 11; 12 WHEREAS, the Joint Case Management Conference for the Related Declaratory 13 Judgment Actions is also scheduled for March 3, 2011; and 14 WHEREAS, the parties to this action agree that the Motion to Dismiss filed on February 15 1, 2011 should be heard and considered by Judge Koh at the March 3 hearing; 16 Plaintiff Samsung and Defendants Keranos and United Module hereby agree and 17 STIPULATE, pursuant to Civ. Local Rule 6-2, that the following briefing and hearing schedule 18 shall be implemented: 19  Friday, February 4: Plaintiffs in this action and the Related Declaratory Judgment 20 Actions shall file their opposition to defendants’ Motions to Dismiss. 21  Friday, February 11: Defendants in this action and the Related Declaratory 22 Judgment Actions shall file their reply briefs in support of their motions to 23 dismiss. 24  Thursday, March 3: Hearing on the motions to dismiss in this action and the 25 Related Declaratory Judgment Actions. 26  Thursday, March 3: Case Management Conference for this action and the Related 27 Declaratory Judgment Actions.

31 Dated: February 3, 2011 AGILITY IP LAW 2

By: /s/ Monica Mucchetti Eno 3

Monica Mucchetti Eno 4

Attorneys for Defendants KERANOS, LLC and UNITED MODULE 5

CORP.

6 7 Dated: February 3, 2011 KING & SPALDING LLP 8 9

By: /s/ Paul J. Andre

10

Paul J. Andre

11

Attorneys for Plaintiffs SAMSUNG ELECTRONICS CO., LTD. and 12

SAMSUNG SEMICONDUCTOR, INC.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

41 PURSUANT TO STIPULATION, IT IS SO ORDERED

2 Dated: February _3_, ,2 2001111 3 4 Judge Lucy H. Koh

Honorable Judge of the 5 United States District Court 6 7 8 9

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