Case 1:19-cv-02225-RGA Document 202 Filed 02/22/21 Page 1 of 4 PageID #: 13668
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 19-2225 (RGA)
`
`ANALOG DEVICES, INC.,
`
`Plaintiff,
`
`v.
`
`XILINX, INC.,
`
`Defendant.
`XILINX, INC. and
`XILINX ASIA PACIFIC PTE. LTD.,
`
`Counterclaim Plaintiffs,
`
`v.
`
`ANALOG DEVICES, INC.,
`
`Counterclaim Defendant.
`
`)
`)
`)
`)
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`
`STIPULATION AND [PROPOSED] ORDER TO STAY CASE
`PENDING INTER PARTES REVIEW
`
`Analog Devices, Inc. (“Analog”)1 and Xilinx, Inc. and Xilinx Asia Pacific Pte. Ltd.
`
`(collectively, “Xilinx” and, together with Analog, “the Parties”), by and through their respective
`
`counsel, submit this joint stipulation to stay the entirety of the case pending the resolution of the
`
`Parties’ pending inter partes review (“IPR”) petitions before the Patent Trial and Appeal Board
`
`(“PTAB”):
`
`1 To avoid a dispute with respect to the filing of this Stipulation, Xilinx has agreed to ADI’s
`insistence that it be referenced as “Analog”. Xilinx, however, reserves all rights that Analog
`Devices, Inc. be referenced by its name (Analog Devices or ADI) during proceedings, including
`trial. This is consistent with ADI’s filings with the Secretary of State, the Securities Exchange
`Commission, and its press releases to the public.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 19-2225 (RGA)
`
`ANALOG DEVICES, INC.,
`
`Plaintiff,
`
`v.
`
`XILINX, INC.,
`
`Defendant.
`XILINX, INC. and
`XILINX ASIA PACIFIC PTE. LTD.,
`
`Counterclaim Plaintiffs,
`
`v.
`
`ANALOG DEVICES, INC.,
`
`Counterclaim Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`STIPULATION AND [PROPOSED] ORDER TO STAY CASE
`PENDING INTER PARTES REVIEW
`
`Analog Devices, Inc. (“Analog”)1 and Xilinx, Inc. and Xilinx Asia Pacific Pte. Ltd.
`
`(collectively, “Xilinx” and, together with Analog, “the Parties”), by and through their respective
`
`counsel, submit this joint stipulation to stay the entirety of the case pending the resolution of the
`
`Parties’ pending inter partes review (“IPR”) petitions before the Patent Trial and Appeal Board
`
`(“PTAB”):
`
`1 To avoid a dispute with respect to the filing of this Stipulation, Xilinx has agreed to ADI’s
`insistence that it be referenced as “Analog”. Xilinx, however, reserves all rights that Analog
`Devices, Inc. be referenced by its name (Analog Devices or ADI) during proceedings, including
`trial. This is consistent with ADI’s filings with the Secretary of State, the Securities Exchange
`Commission, and its press releases to the public.
`
`
`
`Case 1:19-cv-02225-RGA Document 202 Filed 02/22/21 Page 2 of 4 PageID #: 13669
`
`WHEREAS, the table below identifies Xilinx’s IPR petitions challenging Analog’s
`
`patents-in-suit:
`
`Patent No.
`10,250,250
`8,487,659
`7,012,463
`
`6,900,750
`
`7,286,075
`7,719,452
`7,274,321
`
`IPR No.
`IPR2020-01210
`IPR2020-01219
`IPR2020-01336
`IPR2020-01483
`IPR2020-01484
`IPR2020-01564
`IPR2020-01559
`IPR2020-01561
`IPR2021-00294
`
`WHEREAS, the table below identifies Analog’s IPR petitions challenging Xilinx’s
`
`patents-in-suit:
`
`Patent No.
`8,548,071
`7,224,184
`7,088,767
`7,187,709
`7,015,838
`7,280,590
`7,116,251
`6,975,132
`
`IPR No.
`IPR2020-01531
`IPR2020-01597
`IPR2020-01599
`IPR2020-01596
`IPR2020-01601
`IPR2020-01606
`IPR2020-01625
`IPR2020-01624
`
`WHEREAS, the Court issued an oral order on February 5, 2021, postponing indefinitely
`
`the two Markman hearings previously scheduled in this case in light of the Parties’ pending IPR
`
`petitions.
`
`WHEREAS, the Parties stipulate and agree, subject to the approval of the Court, that the
`
`entirety of this case should be stayed until the issuance of the PTAB’s Final Written Decision on
`
`the last instituted of the IPRs identified above, which is anticipated no later than June 2022.
`
`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between
`
`the Parties, through their undersigned counsel and subject to the approval of the Court, as follows:
`
`2
`
`
`
`Case 1:19-cv-02225-RGA Document 202 Filed 02/22/21 Page 3 of 4 PageID #: 13670
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`(1) the above-captioned action is stayed until the issuance of the PTAB’s Final Written
`
`Decision on the last-instituted of the IPRs identified above; and
`
`(2) if either party believes that the stay should continue after the PTAB’s Final Written
`
`Decision on the last-instituted of the IPRs identified above, that party may file a motion with the
`
`Court to continue the stay within ten (10) days after the issuance of the PTAB’s last Final Written
`
`Decision on the Parties’ pending IPRs, and the other party may oppose.
`
`(3) neither party will use the fact of the other party’s agreement to this stay as an argument
`
`against the entry of any form of equitable relief, including a permanent injunction.
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`YOUNG CONAWAY STARGATT & TAYLOR, LLP
`
`/s/ Brian P. Egan
`Jack B. Blumenfeld (#1014)
`Brian P. Egan (#6227)
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`began@morrisnichols.com
`
`OF COUNSEL:
`
`William F. Lee
`Cynthia D. Vreeland
`Peter M. Dichiara
`Stephanie Neely
`Nicole M. Fontaine Dooley
`WILMER CUTLER PICKERING HALE
`AND DORR LLP
`60 State Street
`Boston, MA 02109
`(617) 526-6000
`
`Keith Howell
`WILMER CUTLER PICKERING HALE
`AND DORR LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`(202) 663-6000
`
`/s/ Anne Shea Gaza
`Anne Shea Gaza (#4093)
`Robert M. Vrana (#5666)
`Samantha G. Wilson (#5816)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`agaza@ycst.com
`rvrana@ycst.com
`swilson@ycst.com
`
`OF COUNSEL:
`
`Michael A. Jacobs
`Richard S.J. Hung
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, CA 94105
`(415) 268-7000
`mjacobs@mofo.com
`rhung@mofo.com
`
`Bita Rahebi
`Hector G. Gallegos
`Alex S. Yap
`Ryan J. Malloy
`MORRISON & FOERSTER LLP
`
`3
`
`
`
`Case 1:19-cv-02225-RGA Document 202 Filed 02/22/21 Page 4 of 4 PageID #: 13671
`
`Aaron Thompson
`WILMER CUTLER PICKERING HALE
`AND DORR LLP
`350 South Grand Avenue, Suite 2400
`Los Angeles, CA 90071
`(213) 443-5300
`
`Attorneys for
`Analog Devices, Inc.
`
`February 20, 2021
`
`707 Wilshire Boulevard
`Los Angeles, CA 90017
`(213) 892-5200
`brahebi@mofo.com
`hgallegos@mofo.com
`ayap@mofo.com
`rmalloy@mofo.com
`
`Attorneys for Xilinx, Inc. and
`Xilinx Asia Pacific Pte. Ltd.
`
`SO ORDERED this ____ day of February, 2021.
`22
`
`/s/ Richard G. Andrews
`The Honorable Richard G. Andrews
`
`4
`
`
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