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Edwards Lifesciences LLC v. Cook Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 21, 2008

EDWARDS LIFESCIENCES LLC AND ENDOGAD RESEARCH PTY LIMITED, PLAINTIFFS,
v.
COOK INCORPORATED AND W. L. GORE & ASSOCIATES, INC., DEFENDANTS.

The opinion of the court was delivered by: Jeffrey S. White United States District Judge

Action Filed: August 15, 2003 Hearing Date: TBD

[PROPOSED] ORDER GRANTING GORE'S MOTION TO FILE EXHIBITS L.R. 79-5(B) AND (C) IN SUPPORT OF UNDER SEAL PURSUANT TO CIV.

GORE'S MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT

On May 15, 2008, Gore filed an administrative motion to seal confidential documents, pursuant to Local Rules 79-5 (b) and (c). The Court, having reviewed the evidence submitted therewith, including the Declaration of Harry C. Marcus in Support of the Administrative Motion, finds that the following exhibits or specified portions thereof constitute "sealable" material under Local Rule 79-5(a) and hereby GRANTS Gore's Administrative Motion as follows:

1. Portions of Exhibit D to the Declaration of Harry C. Marcus in Support of Gore's Motion for Summary Judgment of Noninfringement (which is a collection of selected pages of the transcript of the deposition of Dr. Michael J. Vonesh, dated October 27, 2006), specifically pages 53:14-54:19, 63:11-64:19; and

2. The entirety of Exhibit H to the Declaration of Harry C. Marcus in Support of Gore's Motion for Summary Judgment of Noninfringement (which is a document titled "EXCLUDER Bifurcated Endoprosthesis Final Product Specification" and was marked as Exhibit 115 during the deposition of Michael J. Vonesh taken on October 27, 2006).

Upon good cause shown, it is hereby ordered that those documents shall be filed under seal by the Clerk of the Court in conformity with Local Rule 79-5(f).

IT IS SO ORDERED.

20080821

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