Free Status Report - District Court of Arizona - Arizona

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Louis J. Hoffman (Ariz. State Bar #009722) 11811 N. Tatum Blvd., Ste. 2100 Phoenix, Arizona 85028 Tel.: (480) 948-3295 Fax: (480) 948-3387 E-mail: [email protected] Victoria Gruver Curtin (Ariz. State Bar #010897) 14555 N. Scottsdale Rd., Ste. 160 Scottsdale, Arizona 85254 Tel.: (480) 998-3547 Fax: (480) 596-7956 E-mail: [email protected] Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Lemelson Medical, Education & Research Foundation, Limited Partnership, Plaintiff, vs. Emerson Electric Co., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. CIV 00-0660 PHX (HRH) ___________________ STATUS REPORT

The Lemelson Foundation Partnership ("Lemelson") filed this suit on April 14, 2000, against 100 defendants along with four other companion cases. Because of settlements and addition of certain related parties, an amended complaint filed June 30, 2000, named a total of 89 defendants. As a result of further settlements, a second amended complaint filed November 13, 2000, with leave of Court, named a total of 31 defendants. Originally, the first-named defendant was Esco, but after that defendant settled with Lemelson, the firstnamed defendant became Emerson.

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Of the defendants, only 14 were asserted to infringe the "Beam Processing and LOCOS" patents, also known as the "IC patents." All but two of those have since settled with Lemelson. On April 5, 2001, the Court stayed this case pending resolution of the Nevada litigation (Symbol v. Lemelson). The Court ordered the relevant parties to confer on whether the stay should be lifted on the "IC patents." In a series of later orders entered August 6, September 3, and October 21, 2002, the Court made clear that, as to the IC patents, the stay pertained to the copending Markman proceedings in the Intel/Acer case (even though the stay order technically mentions only the Nevada Symbol case). Those orders also made clear that defendants accused of infringing the IC patents would not be bound by the Markman rulings in Intel/Acer. Thus, no substantive proceedings have occurred in this case since April 2002. On February 1, 2006, following settlement with over 60 defendants and dismissal of another half dozen for other reasons, the Court, upon Lemelson's motion arising from adverse judgment in the Nevada litigation, granted dismissal of all remaining defendants except for two defendants asserted to infringe the IC patents, (1) Ixys Corporation, and (2) VIA Technologies, Inc. After issuance of this Court's Markman order in Intel/Acer, the final few defendants (the Cypress Group, Intel, and Maxim) settled with Lemelson; in all, 115 defendants in those consolidated cases have settled and two, sued only on the patents in the Nevada action, were dismissed. Proceedings in the Intel/Acer action have thus concluded. VIA and Ixys have both received service of process but were granted leave to defer their answers to the amended complaint. Apparently, because of entry of the stay orders in 2002, however, neither of those two remaining defendants has filed any answer.

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Counsel for VIA and Lemelson have been involved in settlement discussions for several months, but the talks have been unproductive. Attempted contact with Ixys earlier in 2007 was rebuffed. Lemelson respectfully requests that the stay be lifted, the caption re-titled, and the case proceed in normal course. RESPECTFULLY SUBMITTED this 1st day of November, 2007. LOUIS J. HOFFMAN, P.C. By: /Louis J. Hoffman/ Louis J. Hoffman 11811 North Tatum Blvd., Suite 2100 Phoenix, Arizona 85028 Telephone: (480) 948-3295 Facsimile: (480) 948-3387 E-mail: [email protected] Attorneys for Plaintiff

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CERTIFICATE OF SERVICE I certify that, on November 1, 2007, I caused this paper to be served through the Court's electronic filing and service system (ECF) to those registered with that system for this case and that I caused a copy to be delivered by U.S. mail, postage prepaid, to Judge Holland's chambers.

s/Donald Hertz Donald Hertz

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