Free Stipulation - District Court of Delaware - Delaware

Case 1:07-cv—00167-JJF Document 8 Filed 06/12/2007 Paget of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SAMSUNG TELECOMMUNICATIONS AMERICA LLP
and
SAMSUNG ELECTRONICS CO., LTD.,
Civil Action No. 07-167 (JJF)
Plaintiffs,
v. V
INTERDIGITAL COMMUNICATIONS -
CORPORATION,
INTERDIGITAL TECHNOLOGY CORPORATION, and
TAN TIVY COMMUNICATIONS, INC.,
Defendants.
STIPULATION AND ORDER TO STAY PROCEEDINGS
Plaintiffs, Samsung Telecommunications America LLP and Samsung Electronics Co.,
Ltd. (collectively referred to as "Samsung"), and Defendants InterDigital Communications
Corporation, InterDigital Technology Corporation, and Tantivy Communications, Inc.
(collectively referred to as "InterDigital"), through their respective counsel of record, and
subject to approval of the Court, hereby agree and stipulate as follows:
l. On March 23, 2007, InterDigital filed a Complaint seeking to institute an
investigation by the United States International Trade Commission ("ITC"), In the Matter of
Certain 3G VWa'ebana' Code Division Multiple Access (WCDMA) Handsets and Components
T hereof ITC Investigation No. 337-TA-601, and brought in this Court a parallel proceeding,
InterDigital Communications Corporation, et. al v. Samsung Telecommunications America
LLP, et al., Civil Action No. 07-CV-165. On the same day, Samsung brought the above-
captioned action against InterDigital.

Case 1:07-cv—00167-JJF Document 8 Filed 06/12/2007 Page 2 of 4
2. Certain of the Samsung and InterDigital parties are also parties to an
Arbitration proceeding that resulted in an Arbitral Award that is now the subject of
proceedings in the U.S. District Court for the Southern District of New York, styled: In the
Matter of Arbitration between InterDigital Communications Corporation, et al. v. Samsung
Electronics, Co., Ltd., Civil Action No. 06-CV-6833 ("Arbitration Enforcement
Proceeding").
3. Certain of the Samsung and InterDigital parties are additionally parties to an
ICC Arbitration proceeding styled: Samsung v. [DCC, ICC Arbitration # 14 645/EBS
("Arbitration").
4. Pursuant to the automatic stay provisions of 28 U.S.C. § 1659, the parties
have agreed to stay Civil Action No. 07-165 until the ITC determination becomes final in
ITC Investigation No. 337-TA-601. In addition, the parties desire to resolve the legal
disputes between them in a speedy, efficient, and cost-effective manner. To that end, and
subject to the approval of the Court, the parties have also consented and/or agreed to stay this
Civil Action No. 07-167, under the terms of this Stipulation and Order. The parties believe
that in this manner, resolution of the pending Arbitration Enforcement Proceeding, the
Arbitration, and/or the ITC Investigation could provide the parties greater clarity with respect
to their respective rights and obligations and could facilitate settlement of all of the disputed
maters that currently exist between them.
5. The parties agree that this Civil Action No. 07-167 shall be stayed beginning
on the date of filing of this Stipulation and Order with the Court and shall continue until
September 14, 2007. U A
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Case 1:07-cv—00167-JJF Document 8 Filed 06/12/2007 Page 3 of 4
6. The filing and/or service of any new Proceeding, by either party against the
other, on or before September 14, 2007, shall automatically terminate the stay issued pursuant to
Paragraph 5. For purposes of this Stipulation and Order, "Proceeding" shall mean any litigation,
arbitration, patent reexamination, patent opposition, or other judicial and/or administrative
proceeding, whether contested or uncontested, against the other, other than those expressly
provided for in Paragraph 7 of this Stipulation. A
7. Nothing in this Stipulation shall preclude either party from vigorously
prosecuting and/or defending the Arbitration Enforcement Proceeding, the Arbitration, and/or
ITC Investigation. Indeed, it is intended that these three proceedings shall be fully pursued
without any limitation on the rights either party has in any of these three proceedings or the
rights resulting from these three proceedings. By means of example, nothing in this Stipulation
and Order shall be construed to preclude InterDigital with respect to the Arbitration Enforcement
Proceeding from initiating any confirmation, collection, seizure, and/or any other related
activities or proceedings that are permitted by applicable law. Likewise, nothing herein shall
prevent Samsung from pursuing any claim, counterclaim, defense, and/or appeal of any kind
in or resulting from these ongoing proceedings.
8. InterDigital and Samsung expressly agree that the entry of stay in this Civil
Action No. 07-167 shall toll the running of any applicable limitations period for the term of
the stay.
9. At the conclusion of the respective stay set forth in Paragraph 5 of this
Stipulation and Order, InterDigital shall have twenty (20) days within which to answer or
otherwise plead in response to the Complaint that has been filed in this Civil Action No. 07-
167.
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Case 1 :07-cv—00167-JJF Document 8 Filed 06/12/2007 Page 4 of 4
10. Counsel for InterDigita1 hereby accepts service of the Complaint on each of the
lnterDigital defendants in this Civil Action No. 07-167.
11. Except as expressly set forth in this Stipulated and Order, this Stipulation and
the resulting Order shall be without prejudice to the rights of the parties.
Dated: June 12, 2007
/S /]0}m G_ Day _ /s/ Richard K Herrmann
Steven J. Benek (1.11 #2114) iidlcharg I;¢m?i¤I;(§Q1;6g¢gg>5)
ary . a erer . .
John G. Day (I.D. #2403) MORRIS JAMES LLP
ASHBY & GEDDES _ 500 Delaware Avenue, Suite 1500
500 DelaWa1‘e Ave., Sulte 800 Wilmington, DE l9801_1494
Wilmington, DE 19801 (302) 333-6300
(302) 654-1888 [email protected]
[email protected] [email protected]
jd3y@&Shby-g€ddeS.G0m Attorneys for Defendants
gttorneysgor Plaintwg L d d InterDigital Communications Corporation,
amsung ectronics 0., t . an InterDigital Technology Corporation
Samsung Telecommunications America LLP and Tqmivy Communications, [na
SO ORDERED this day of June, 2007.
The Honorable Joseph J. Farnan, Jr.
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