Free Letter - District Court of Delaware - Delaware

Case 1:O6—cv—OO788-JJF Document 129 Filed O1/23/2008 Page 1 of 1
MORRIS, NICHOLS, ARSHT 8; TUNNELL LLP
1201 NORTH MARKET Sriznar
I P.O. Box13¢1·7
W1LM1NcToN, DELAWVARE 19899-1347
302 658 9200
302 653 3989 FAX
MARY B. GRAHAM
a02.a.51.9199
[email protected]
DM2
January 23, 2008
VIA E-FILING AND HAND DELIVERY
The Honorable Vincent J. Poppiti
Blank Rome LLP
Chase Manhattan Centre, Suite 800
Wilmington, DE 19801-4226
Re: ProMOS Technologies, Inc. v. Freescale Semiconductor, Inc.
C.A. N0. 06—788 QJJF)
Dear Judge Poppiti:
As a follow—up to the parties’ teleconference with the Special Master on January
17, 2008, enclosed is a proposed form of Order agreed to by the parties.
Respectfully,
M am (#2256)
MBG/nlm
cc: All Counsel of Record
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Case 1:06-cv-00788-JJF Document 129-2 Filed O1/23/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PROMOS TECHNOLOGIES, INC., )
Plaintiff, i
v. g C.A. No. 06—788 (JJF)
FREESCALE SEMICONDUCTOR, INC., g
Defendant. g
STIPULATED ORDER EXTENDING THE DISCOVERY DEADLINE
On January 8, 2008, Defendant Freescale Semiconductor, Inc., ("Freescale")
moved for an extension of the discovery deadline until February 29, 2008. Each of the parties
submitted letters to the Court, in which they stated their positions regarding Freescale’s motion
for an extension. On January 17, 2008, Freescale and Plaintiff, Prol\/IOS Technologies, Inc.
("ProMOS") participated in a telephonic haring on the issue before Special Master Vincent
Poppiti, during which each party was given the opportunity to be heard. During the telephonic .
hearing, agreement was reached by the parties regarding disposition of Freescale’s Motion for
Extension of the Discovery Deadline.
Based on the Stipulation of the parties, after reviewing and considering the
parties’ submissions related to Freescale’s motion, the Court being otherwise fully advised and
good cause having been shown;
IT IS HEREBY ORDERED
1) The current discovery deadline, January 2l, 2008, is extended until
February l, 2008 for the purpose of permitting further discussions among
the parties and the Special Master and for a determination by the Special
Master of the schedule for the completion of discovery. The parties will

Case 1:06-cv-00788-JJF Document 129-2 Filed O1/23/2008 Page 2 of 3
provide status reports by telephone to Special Master Poppiti on January
24, 2008 at 5:30 p.m. and on February l, 2008 at 2:30 p.m. EST. Between
the date of this Order and February 1, 2008, the parties will diligently
work to schedule outstanding depositions and complete document
production in this matter;
2) Freescale will produce the following types of documents: schematics for
any custom library elements or design schematics (but not standard cell
library schematics); high level documents, such as microarchitecture
documents on both the core and a product-level basis, market requirement
documents, product requirement documents, a.nd architectural definition
documents; testing documents, such as verification plans, on both the core
level and product level; and, any additional design presentations that
Freescale can locate after a reasonable and thorough search on both the
core level and a product level. For the products accused of infringement
in this matter as of the date of this Order, Freescale will make a rolling
production of these documents and will make a good-faith effort to
complete this production by not later than January 3 1, 2008. To the extent
that additional documents come to Freescale’s attention, Freescale will
produce them promptly thereafter.
3) In order to determine whether the deposition of James Nash as a 30(b)(6)
witness should proceed as currently scheduled on January 24, 2008, the
parties agreed to meet and confer on January 18, 2008, and Freescale
agreed to report regarding the status of the production of` those particular
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Case 1:06-cv-00788-JJF Document 129-2 Filed O1/23/2008 Page 3 of 3
documents identified in paragraph 2 above which relate to the MPCSSXX
products and 30(b)(6) deposition topics for which James Nash is being
designated by Freescale to testify at deposition on January 24, 2008.
ENTERED this _ day of January, 2008
Vincent J. Poppiti GDSBA No. 100614)
Special Master .
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