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Vnus Medical Technologies, Inc. v. Biolitec

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


January 26, 2009

VNUS MEDICAL TECHNOLOGIES, INC., PLAINTIFF,
v.
BIOLITEC, INC., DORNIER MEDTECH AMERICA, INC., AND NEW STAR LASERS, INC. D/B/A COOLTOUCH, INC., DEFENDANTS.
VNUS MEDICAL TECHNOLOGIES, INC., PLAINTIFF,
v.
TOTAL VEIN SOLUTIONS, LLC D/B/A TOTAL VEIN SYSTEMS, DEFENDANT.

The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

STIPULATION AND [PROPOSED] ORDER TO BIFURCATE AND STAY THE EIGHTH THROUGH ELEVENTH COUNTERCLAIMS OF DEFENDANT TOTAL VEIN SOLUTIONS, LLC, d/b/a/ TOTAL VEIN SYSTEMS

WHEREAS, Plaintiff VNUS Medical Technologies, Inc. ("VNUS") filed a Complaint against Defendant Total Vein Solutions, LLC, d/b/a Total Vein Systems ("TVS") in the above- captioned action on September 8, 2008 and filed a First Amended Complaint on November 14, 2008;

WHEREAS, the parties agree that significant court and party resources would be conserved if discovery and trial on the issue of unenforceability is conducted prior to discovery and trial of TVS's Eighth through Eleventh Counterclaims;

WHEREAS, TVS filed an Answer and Counterclaims against VNUS in response to the First Amended Complaint on December 4, 2008 and filed a First Amended Answer and Counterclaims on January 7, 2009;

WHEREAS, VNUS's First Amended Complaint alleges that TVS has infringed the patents-in-suit;

NOW THEREFORE, it is hereby stipulated and agreed by the respective parties by and through their counsel of record that TVS's Eighth, Ninth, Tenth, and Eleventh Counterclaims are bifurcated and stayed pending resolution of the remainder of the parties' claims and counterclaims.

Dated: January 21, 2009

Respectfully Submitted,

ATTORNEYS FOR PLAINTIFF VNUS MEDICAL TECHNOLOGIES, INC. Matthew B. Lehr (Bar No. 213139) Diem-Suong T. Nguyen (Bar No. 237557) David J. Lisson (Bar No. 250994) Chung G. Suh (Bar No. 244889) DAVIS POLK & WARDWELL 1600 El Camino Real Menlo Park, CA 94025 (650) 752-2000/(650) 752-2111 (fax) mlehr@dpw.com nguyen@dpw.com dlisson@dpw.com gsuh@dpw.com

Dated: January 21, 2009

ATTORNEYS FOR DEFENDANT TOTAL VEIN SOLUTIONS, LLC d/b/a TOTAL VEIN SYSTEMS John Karl Buche (Bar No. 239477) Sean Sullivan (Bar No. 254372) BUCHE & ASSOCIATES, PC 875 Prospect, Suite 305 La Jolla, CA 92037 Tel: (858) 812-2840 Fax: (858) 459-9120 jbuche@westerniplaw.com sean@westerniplaw.com

I hereby attest that I have on file written permission to sign this stipulation from all parties whose signatures are indicated by a "conformed" signature (/s/) within this e-filed document.

Diem-Suong T. Nguyen

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20090126

© 1992-2009 VersusLaw Inc.



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