YIELD DYNAMICS, INC. v. ON SEMICONDUCTOR CORPORATION (N.D.Cal. 7-23-2007)

CLAUDIA WILKEN, District Judge

IT IS HEREBY STIPULATED AND AGREED, by and between the parties through their undersigned counsel, that:

1. On January 8, 2007, the parties to the action filed a Joint Stipulation and Proposed Order to Stay the Action Pending Reissue of the Patent-in-Suit, also specifying respective deadlines for either parties' identifications of "accused instrumentality" and disclosures of "prior art." On January 11, 2007, the Hon. Claudia Wilken signed the Proposed Order, further ordering that a Case Management Conference be held on April 27, 2007, at 1:30 p.m.

2. By April, 2007, despite Plaintiff Yield Dynamics, Inc.'s ("YDI's") efforts, the reissue application for the patent-in-suit, U.S. Patent No. 6,470,229 ("`229 Patent") remained pending before the United States Patent and Trademark Office ("PTO"). Thus, on April 5, 2007, the parties stipulated to a continuance of the Case Management Conference in this matter. That stipulation was entered as an Order of the Court on April 10, 2007, setting a Case Management Conference for July 24, 2007, at 2:00 p.m.

3. Today, the reissue application for the `229 Patent remains pending before the PTO, despite YDI's continued effort. Upon consideration of the pending reissue application, and in the interest of judicial economy, the parties respectfully request that the Court further continue the Case Management Conference in this action to a date in November, 2007, to allow the PTO sufficient time to reissue the `229 Patent and the parties adequate time to reinstate this action.

IT IS SO STIPULATED:

On July 11, 2007, Chris Scott Graham authorized me to sign and electronically file this document on behalf of all parties.

Based on the Stipulation of the parties, it is hereby ORDERED as follows:

1. The case management conference is hereby continued from July 24, 2007 at 2:00 p.m. to November 27, 2007, at 2:00 p.m.