The opinion of the court was delivered by: Unites States District Judge Phyllis J. Hamilton
STIPULATION DISMISSING CLAIMS AGAINST GUIDANT SALES CORPORATION WITH PREJUDICE AND ORDER
Vascular Galway, Ltd. and Evysio Medical Devices ULC, by each of their respective undersigned attorneys, Abbott Laboratories, Abbott XYZ Corporation (a fictitious entity), and Advanced Cardiovascular Systems, Inc. (collectively "Abbott"), by their undersigned attorneys, and Guidant Sales Corporation ("GSC") and Boston Scientific Corporation ("BSC"), by their undersigned attorneys, have all agreed and stipulate as follows:
Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure and Civil Local Rule 6- 1(a), Plaintiffs Medtronic Vascular, Inc., Medtronic USA, Inc., Medtronic, Inc., Medtronic 1. GSC was dismissed as a defendant from this action without prejudice on June 2, 2006 [Dkt. No. 63]. are now dismissed with prejudice.
2. All claims against GSC in Plaintiffs' First Amended and Supplemental Complaint
3. Consistent with the Court's June 2, 2006 Order, the dismissal with prejudice of GSC, while releasing GSC from any liabilities with respect to any direct or indirect infringement of the patents in suit, it does so only in recognition of the fact that Abbott has assumed and agreed to pay all such liabilities, if any, of GSC constituting direct or indirect infringement of the patents in suit, but only to the extent such liabilities are based on activities on or before April 21, 2006 (i.e., the closing of the Boston Scientific Corporation-Guidant merger).
4. GSC and BSC represent and warrant that since April 21, 2006, GSC has not made, used, sold, offered for sale, or imported stents or catheters, including, but not limited to stents and catheters that are the subject of this suit.
5. Abbott, GSC and Boston Scientific Corporation acknowledge and agree that a dismissal with prejudice of GSC will not and does not release (a) any claim, demand, or liability, whether fixed or unfixed, known or unknown, asserted or unasserted, liquidated or unliquidated, or secured or unsecured, that the Plaintiffs have or may have against BSC, Guidant, or any affiliate (other than GSC) of BSC or Guidant, or (b) any claim, demand, or liability, whether fixed or unfixed, known or unknown, asserted or unasserted, liquidated or unliquidated, or secured or unsecured, that the Plaintiffs have or may have against GSC other than those claims actually made in this action.
6. GSC agrees to cooperate as a third party with all reasonable discovery served on it in this suit.
By his signature below, counsel for Plaintiffs attests that counsel for all Defendants and interested parties concur in the filing of this stipulation.
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