UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
July 21, 2008
MEDTRONIC VASCULAR, INC., 7MEDTRONIC USA, INC., MEDTRONIC, INC., MEDTRONIC VASCULAR GALWAY, 8LTD., AND EVYSIO MEDICAL DEVICES, 9ULC, PLAINTIFFS, COUNTERCLAIM DEFENDANTS, AND DEFENDANTS TO COMPLAINT-IN-INTERVENTION
ABBOTT CARDIOVASCULAR SYSTEMS, INC., ABBOTT LABORATORIES, AND ABBOTT VASCULAR, INC. DEFENDANTS AND COUNTERCLAIM PLAINTIFFS BOSTON SCIENTIFIC CORPORATION, PLAINTIFF-INTERVENOR
AS STIPULATION AND [PROPOSED] ORDER REGARDING PAGE LIMITS ON MOTIONS FOR SUMMARY JUDGMENT MODIFIED
This is a patent case, involving numerous asserted claims from two patents and numerous prior art references. There are many issues for potential summary judgment that could be case dispositive and/or that could substantially narrow the trial. To avoid overlap and to streamline the briefing, the parties believe that the Court and parties will benefit from each side filing one joint motion for summary judgment.
For that reason, subject to Court approval, Plaintiffs and Counterclaim- Defendants Medtronic Vascular, Inc., Medtronic USA, Inc., Medtronic, Inc., Medtronic Vascular Galway, Ltd., and evYsio Medical Devices ULC ("Plaintiffs"), and Defendants and Counterclaim-Plaintiffs Abbott Cardiovascular Systems, Inc., Abbott Laboratories, and Abbott Vascular, Inc. (collectively "Abbott"), and Plaintiff-Intervenor Boston Scientific Corporation ("BSC") have agreed and stipulate as follows:
Abbott and BSC will file a joint motion for summary judgment of no more than 40 pages, and the Medtronic and Evysio Plaintiffs will similarly file a joint motion for summary judgment of no more than 40 pages. Joint oppositions to those motions will be no more than 40 pages, and joint replies will be no more than 20 pages.
DATED: June 16, 2008
FOLEY &LARDNER LLP BY: _____s/ Cynthia J. Franecki___________ Cynthia J. Franecki Attorneys for Plaintiffs Medtronic Vascular, Inc., Medtronic USA, Inc., Medtronic, Inc., and Medtronic Vascular Galway, Ltd.
DATED: June 16, 2008 KATTEN MUCHIN &ROSENMAN LLP BY: _____s/ Timothy J. Vezeau___________ Timothy J. Vezeau Attorneys for Plaintiff evYsio Medical Devices ULC
DATED: June 16, 2008 FINNEGAN,HENDERSON,FARABOW, GARRETT &DUNNER,LLP BY: _____s/ Robert F. McCauley___________ Robert F. McCauley Attorneys for Defendants Abbott Cardiovascular Systems, Inc. Abbott Laboratories, and Abbott Vascular, Inc.
DATED: June 16, 2008 FISH &RICHARDSON P.C. BY: _____s/ Elizabeth A. Brown___________ Elizabeth A. Brown Attorneys for Plaintiff Intervenor Boston Scientific Corporation
PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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