Free Stipulation - District Court of Delaware - Delaware

Case 1 :07-cv-00170-JJF Document 49 Filed O1/17/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF BELAWARE q
CIF LICENSING, LLC, dfb/a )
GE LICENSING, )
Plaintiff] g
v. g C.A. No. O7·~ 1 70 (HF)
AGERE SYSTEMS INC., g
Defendant. l
STIEULATION AND |}?ROPOSED| ORDER
WHEREAS, Plaintiff CIF Licensing, LLC ("GE Licensing") seeks to have
Defendant Agere Systems, inc. ("Agere”) respond to certain discovery requests.
WHEREAS Agere has objected to certain of GE Licensing's discovery requests
and its definition of "Agere Products" as ovcrbroad and not likely to lead to the discovery of
admissible evidence, and despite a continuing objection to GE Licensings detinition of "Agere
Prodncts," has agreed to production of documents and the supplementation of its interrogatory
answers according to the stipulation set forth below.
WHEREAS, Agere seeks to have GE Licensing withdraw its Motion To Cornpel
Discovery From Defendant Agere Systems, Inc. (“l\/lotion To Compel") submitted to this Court
on December E9, 2007 (D1. 44, 45).
- NOW, THEREFORE, the parties hereby stipulate and agree, subject to the
approval ofthe Court, as follows:
1. GE Licensing’s Motion to Ccmpei is withdrawn, but may be renewed in
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Case 1:07-cv-OO170—JJF Document 49 Filed O1/17/2008 Page 2 of 4
as provided below.
2. By January 31, 2008, Agere will produce the financial records related to
modern sales for each and every product specifically enumerated in GE Licensing’s revised
definition of "Agere Products" set out in the Motion To Cornpel. if GE Licensing requests
financial records for additional, specifically enumerated products, Agere will make good faith
efforts to reach agreement on sach production and its timing.
3. Apart from financial records related to modern sales, by J anaary 3 I, 2008,
Agere will, subject to good cause shown, complete production of documents for all products,
whether or not enumerated, within GE Licensing’s revised definition of "Agere l’roducts" set out
in the Motion To Compel that were scld or offered for sale after March 23, 200l. If GE
Licensing requests production for additionally enumerated products offered for sale prior to
March 23, 2001, Agere will make good faith efforts to reach agreement on such production.
4. By January 31, 2008, Agere will produce a final hierarchical schematic
and original design documents for each product specifically enumerated in GE Licensing’s
revised definition of "Agere Products" set out in the Motion To Compei.
5. Up until March i5, 2008, Agere will not oppose renewal ofthe Motion to
Compel on the ground of untirneliness should GE Licensing seek production of documents
regarding products sold or offered for sale prior to March 23, 2001 or should GE Licensing
otherwise find the production to be unsatisfactory, provided that GE Licensing and Agere will
first work in good faith until March t, 2008, to reach agreement on production.
6. Agere will supplement its answers to interrogatories by January 31, 2008,
and in the meantime will work with GE Licensing toward identifying where in the production
any such answers can be found, provided that neither party waives its position on whose burden
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Case 1:07-cv-OO170—JJF Document 49 Filed O1/17/2008 Page 3 of 4
it is to glean such answers from the production.
7. Up until March I5, 2008, Agere will not oppose on the ground of
untimeliness renewal by GE Licensing ofthe Motion to Comp:-:1 should GE Licensing End
Agere’s supplemental responses to GE Licensing’s interrogatories to be unsatisfactory, provided
that GE Licensing and Agere will work in good faith until March 1, 2008, to reach agreement on
those supplemental responses.
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Case 1:07-cv-OO170—JJF Document 49 Filed O1/17/2008 Page 4 of 4
POTTER ANDERSON & CORROON LLP YOUNG CONAWAY STARGATT & TAYLOR, LLP
/s/ Philip A. Rovner fsf Chad S. C. Stover
Richard L. Horwitz (No. 2246) Josy W. Ingersoll (No. 1088)
[email protected] [email protected]
Philip A. Rovner (No. 3215) John W. Shaw (No. 3362)
[email protected] [email protected]
David E. Moore (No. 3983) Chad S.C. Stover (No. 4919)
[email protected] [email protected]
Hercules Plaza The Brandywine Building
1313 N. Market Street 1000 West Street, 17th Floor
Wilmington, DE 19801 Wilmington, Delaware 19803
(302) 984-6000 (302) 571-6600
~ and ~ - and — ·
Joel E. Freed . David E. Sipiora
Brian E. Ferguson Ian L. Saffer
Mark A. Davis Chad E. King
McDermott Will & Emery LLP Townsend and Townsend and Crew, LLP
600 13th Street, N.W. 1200 Seventeenth Street, Suite 2700
Washington, DC 20005 Denver, Colorado 80202-5827
303—57l~—4000
Edwin H. Wheeler
McDermott Will & Emery LLP Artomeysfor Agere Systems Inc.
3150 Porter Drive
Palo Alto, CA 94304
Attorneys for CIF Licensing, LLC
SO ORDERED this _ day of January, 2008.
United States District Judge
843339
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