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Stipulation and Order -1- CASE NO.: C 08-05129 JCS 

23666\2243652.1

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

VOLTERRA SEMICONDUCTOR 

CORPORATION, 

Plaintiff, 

v. 

PRIMARION, INC., a Delaware 

Corporation, INFINEON 

TECHNOLOGIES AG, a German 

Corporation, and INFINEON 

TECHNOLOGIES NORTH AMERICA 

CORPORATION, a Delaware Corporation 

Defendants. 

CASE NO. C 08-05129 JCS 

STIPULATION AND JOINT REQUEST 

THAT THE COURT CONSTRUE THE 

CLAIM TERM “FABRICATED ON A 

SURFACE OF THE SUBSTRATE” 

AND RELATED COUNTERCLAIMS. 

 Plaintiff Volterra Semiconductor Corporation (“Plaintiff”) and Defendants Primarion, 

Inc., Infineon Technologies AG and Infineon Technologies North America Corp. (“Defendants”), 

by and through their respective counsel, jointly stipulate and make the following request: 

1. The Court has not construed the claim term “fabricated on a surface of the 

substrate,” which appears in asserted claims 26 and 34 of the U.S. Patent No. 6,278,264 (“the 

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Stipulation and Order - 2 - CASE NO.: C 08-05129 JCS 

23666\2243652.1

‘264 Patent”) and asserted claims 22 and 24 of U.S. Patent No. 6,462,522 (“the ‘522 Patent”) 

(collectively, the “Burstein Patents”). The meaning of this claim term is disputed between the 

parties. 

2. The parties are in agreement that the Court’s construction of the claim term 

“fabricated on a surface of the substrate” is highly likely to resolve all remaining claim 

construction issues with respect to the above mentioned claims of the Burstein Patents in this case 

at the District Court level, although the parties reserve their right to appeal. This Stipulation will 

also streamline discovery and may assist the parties in their settlement discussions and mediation 

scheduled for June 22. 

3. Accordingly, the parties therefore request that the Court construe the term 

“fabricated on a surface of the substrate” in the Burstein Patents. To accomplish this objective, 

the parties propose to submit limited briefing to assist the Court regarding the construction of this 

term and further agree that neither side would attach any additional evidence or expert testimony, 

but may attach evidence that is already in the record of this case. 

4. The parties therefore stipulate and propose that, assuming the Court’s approval of 

this stipulation, plaintiff Volterra would file an opening brief of no more than three pages to 

address the meaning of this claim term on May 14, 2010. Defendants will file a responsive brief 

of no more than six total pages by May 21, 2010 and Volterra would file a reply brief of no more 

than three pages by May 28, 2010. The parties are agreeable to submitting the construction of 

this claim term for decision by the Court without oral argument, but would certainly be available 

to present a brief oral argument on this claim term if the Court desires. 

AGREED AND SO STIPULATED: 

DATED: April 29, 2010 FARELLA BRAUN & MARTEL LLP 

 By: /s/ James W. Morando 

 James W. Morando 

 Attorneys for Plaintiff 

 VOLTERRA SEMICONDUCTOR 

 CORPORATION 

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Stipulation and Order - 3 - CASE NO.: C 08-05129 JCS 

23666\2243652.1

DATED: April 29, 2010 McDERMOTT WILL & EMERY LLP 

 By: /s/ David H. Dolkas 

 David H. Dolkas 

 Attorneys for Defendants 

 PRIMARION, INC., INFINEON 

 TECHNOLOGIES AG and 

 INFINEON TECHNOLOGIES 

 NORTH AMERICA CORP. 

APPROVED AND SO ORDERED: 

DATED: ___________________ 

THE HONORABLE JOSEPH C. SPERO 

Case3:08-cv-05129-JCS Document793 Filed04/29/10 Page3 of 3

04/30/2010

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Joseph C. Spero

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