Case4:06-cv-03218-SBA Document24 Filed07/10/06 Page1 of 2
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`No. C 06-3218 SBA
`ORDER STAYING ACTION PURSUANT
`TO 28 U.S.C. SECTION 1659
`
`CREATIVE TECHNOLOGY LTD., a Singapore
`Corporation,
`
`Plaintiff,
`
` v.
`APPLE COMPUTER, INC., a California
`Corporation,
`
`Defendant.
` /
`
`On May 15, 2006, Plaintiff Creative Technology Ltd. ("Creative") filed its Complaint
`alleging infringement of U.S. Patent No. 6,928,433 against Defendant Apple Computer, Inc.
`("Apple") in the above-captioned action. Creative also filed a complaint with the United States
`International Trade Commission ("ITC") on May 15, 2006, alleging that Apple is in violation of
`Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337(a)(1)(B)(i) and (b)(1), based on
`the alleged infringement of U.S. Patent No. 6,928,433. On May 17, 2006, Apple filed an Answer to
`Creative's complaint in the above-captioned case and stated that in accordance with 28 U.S.C. §
`1659, Apple intended to request a stay of this action if and when the ITC instituted an investigation.
`On June 14, 2006, the ITC published a Notice of Investigation formally instituting Investigation No.
`337-TA-573, entitled Certain Portable Digital Media Players, Components Thereof and Products
`Containing Same, naming Apple as Respondent thereto. On June 26, 2006, the parties filed the
`instant Stipulation requesting a stay of all proceedings in this action until the determination of the
`ITC in Investigation No. 337-TA-573 becomes final [Docket No. 23].
`28 U.S.C. § 1659 provides that, upon the request of any party to a civil action that is also a
`respondent in an ITC investigation, the Court "shall stay, until the determination of the Commission
`becomes final, proceedings in the civil action with respect to any claim that involves the same issues
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`For the Northern District of California
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`Case4:06-cv-03218-SBA Document24 Filed07/10/06 Page2 of 2
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`involved in the proceeding before the Commission." 28 U.S.C. § 1659.
`Having considered the stipulation and good cause appearing,
`IT IS HEREBY ORDERED THAT this action is STAYED in its entirety until the
`determination of the ITC in Investigation No. 337-TA-573 becomes final. All dates and deadlines
`established in this matter, including the hearing on Apple's Motion to Stay and the Case
`Management Conference, are VACATED.
`IT IS FURTHER ORDERED THAT Plaintiff shall promptly inform the Court in writing of
`the status of the case no later than ten (10) days after the determination of the ITC in Investigation
`No. 337-TA-573 becomes final.
`IT IS SO ORDERED.
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`Dated: 7/10/06
`
`
`SAUNDRA BROWN ARMSTRONG
`United States District Judge
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