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Baxter Healthcare Corp. v. Fresenius Medical Care Holdings

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 12, 2009

BAXTER HEALTHCARE CORPORATION, BAXTER INTERNATIONAL INC., BAXTER HEALTHCARE SA, AND DEKA LIMITED PARTNERSHIP, PLAINTIFFS AND COUNTER-DEFENDANTS,
v.
FRESENIUS MEDICAL CARE HOLDINGS, INC., D/B/A FRESENIUS MEDICAL CARE NORTH AMERICA, AND FRESENIUS USA, INC., DEFENDANTS AND COUNTER-CLAIMANTS.

The opinion of the court was delivered by: Judge: Hon. James Larson

"DISCOVERY MATTER"

STIPULATION REGARDING DEFENDANTS SUPPLEMENTATION OF RESPONSES TO BAXTER INTERROGATORY NOS. 6, 7, AND 13

WHEREAS, pursuant to this Court's December 12, 2008, Order (Dkt. No. 229) the parties have prepared a Joint Stipulation regarding Defendants' agreement to provide "exactly the same information sought by Plaintiffs' motion" (Dkt. No. 219),

NOW, THEREFORE, it is stipulated by the respective parties and their counsel of record:

Defendants will provide the names and locations of all clinics to which Defendants refer to in their supplemental responses to Baxter Interrogatory Nos. 6 and 7;

Defendants will provide all revenue and sales data for every allegedly acceptable non- infringing alternative Defendant product;

Defendants will either definitively state that they will not assert that the products they identified were "acceptable" prior to 2006 or Defendants will produce the revenue and sales data for every year that Defendants allege that each alleged acceptable alternatives was indeed acceptable; and

Defendants agree to supplement all Interrogatory Responses necessary to comply with this Court's Order and this stipulation by January 12, 2009.

December 29, 2008

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED, that within ten days of this Order, Defendants will: (1) provide the names and locations of all clinics to which Defendants 5 refer to in their supplemental responses to Baxter Interrogatory Nos. 6 and 7; (2) provide all revenue and sales data for every allegedly acceptable non-infringing alternative Defendant product; and (3) either definitively state that they will not assert that the products they identified were "acceptable" prior to 2006 or produce the revenue and sales data for every year that Defendants allege that each alleged acceptable alternatives was indeed acceptable.

JAMES LARSON Chief Magistrate Judge

20090112

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