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JOINT STIPULATION AND ORDER EXTENDING 

TIME FOR INVALIDITY CONTENTIONS AND 

CONTINUING CMC

Case No. 3:09-cv-2112 RS

David N. Kuhn (SBN 73389) 

dnkuhn@pacbell.net 

LAW OFFICES OF DAVID N. KUHN 

144 Hagar Avenue 

Piedmont, California 94611 

Telephone: (510) 653-4983 

Attorney for Plaintiff 

GREGORY BENDER 

Andrew P. Valentine (SBN 162094) 

andrew.valentine@dlapiper.com 

Marc C. Belloli (SBN 244290) 

marc.belloli@dlapiper.com 

DLA PIPER LLP (US) 

2000 University Avenue 

East Palo Alto, California 94303 

Telephone: (650) 833-2254 

Facsimile: (650) 833-2001 

Attorneys for Defendant 

SILICON LABORATORIES, INC. 

Daniel R. Foster (SBN 179753) 

dfoster@mwe.com 

Christopher D. Bright (SBN 206273) 

cbright@mwe.com 

MCDERMOTT WILL & EMERY 

18191 Von Karman Avenue, Suite 500 

Irvine, California 92612-7108 

Telephone: (949) 851-0633 

Facsimile: (949) 851-9348 

Attorneys for Defendant 

INFINEON TECHNOLOGIES NORTH 

AMERICA CORP. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

GREGORY BENDER, 

Plaintiff, 

vs. 

INFINEON TECHNOLOGIES NORTH 

AMERICA CORP., a Delaware corporation, et 

al., 

Defendants. 

AND RELATED COUNTERCLAIMS. 

Case No. 3:09-cv-2112 RS 

JOINT STIPULATION AND ORDER 

EXTENDING TIME TO SERVE 

INVALIDITY CONTENTIONS AND 

CONTINUING CASE MANAGEMENT 

CONFERENCE, AS MODIFIED BY COURT

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CONTINUING CMC 

-2- Case No. 3:09-cv-2112 RS

Pursuant to Civil L.R. 6-2 and 7-12, Plaintiff Gregory Bender (“Bender”) and defendants 

Infineon Technologies North America Corp. (“Infineon”) and Silicon Laboratories, Inc. (“Silicon 

Labs”) (collectively, “Defendants”), through counsel, hereby stipulate and request an Order to (1) 

extend the time for Defendants to serve their invalidity contentions until 30 days after Magistrate 

Judge Lloyd, this Court, or the parties determine that Bender’s infringement contentions are sufficient 

and comply with Patent L.R. 3-1; and (2) continue the date set for the Case Management Conference in 

this action from July 29, 2010 (Dkt. No. 64) to a date to be set by the Court after Magistrate Judge 

Lloyd, this Court, or the parties determine that Bender’s infringement contentions are sufficient and 

comply with Patent L.R. 3-1. 

Good cause exists for this request. On April 5, 2010, the Defendants each filed a motion to 

strike Bender’s infringement contentions and to dismiss this case pursuant to Federal Rule of Civil 

Procedure 37. (Dkts. 48 and 51). On May 11, 2010, Magistrate Judge Lloyd held a hearing on the 

Defendants’ motions and decided to take the Defendants’ motions under submission. (Dkt. No. 62). 

On May 19, 2010, because Magistrate Judge Lloyd had not yet issued orders on Defendants’ motions, 

the parties filed a joint stipulation and proposed order extending time to serve invalidity contentions 

and continuing case management conference (Dkt. 63). On May 20, 2010, this Court granted the 

parties’ joint stipulation, setting the deadline for Defendants to serve their invalidity contentions for 

July 19, 2010 and continuing the Case Management Conference until July 29, 2010. (Dkt. 64). To 

date, Magistrate Judge Lloyd has not yet issued an order on Defendants’ motions, and therefore the 

parties do not know whether Bender’s infringement contentions will be stricken and whether this case 

will be dismissed. In view of these facts, and in order to obviate the need to seek another extension of 

time from this Court while the parties await Magistrate Judge Lloyd’s orders on Defendants’ motions, 

the parties agree and stipulate as follows: 

1. The deadline for Defendants to serve their invalidity contentions shall be extended from 

July 19, 2010 until 30 days after Magistrate Judge Lloyd, this Court, or the parties determine that 

Bender’s infringement contentions are sufficient and comply with Patent L.R. 3-1; and 

2. The Case Management Conference currently scheduled for July 29, 2010 shall be 

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-3- Case No. 3:09-cv-2112 RS

continued until September 30, 2010, subject to such additional continuances as may be necessary. 

IT IS SO AGREED. 

Dated: July 15, 2010 LAW OFFICES OF DAVID N. KUHN 

By: /s/ David N. Kuhn

David N. Kuhn 

Attorneys for Plaintiff 

GREGORY BENDER 

Dated: July 15, 2010 DLA PIPER LLP (US) 

By: /s/ Marc C. Belloli

Marc C. Belloli 

Attorneys for Defendant 

SILICON LABORATORIES, INC. 

Dated: July 15, 2010 McDERMOTT WILL & EMERY 

By: /s/ Daniel R. Foster

Daniel R. Foster 

Attorneys for Defendant 

INFINEON TECHNOLOGIES NORTH 

AMERICA CORP. 

 PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Dated: 

 HON. RICHARD SEEBORG 

 UNITED STATES DISTRICT JUDGE 

 

7/16/10

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