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Nobel Biocare USA, LLC v. Materialise

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION


May 11, 2009

NOBEL BIOCARE USA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
MATERIALISE, N.V., A BELGIAN CORPORATION AND MATERIALISE DENTAL, N.V., A BELGIAN CORPORATION, DEFENDANTS.
MATERIALISE, N.V., A BELGIAN CORPORATION AND MATERIALISE DENTAL, N.V., A BELGIAN CORPORATION, COUNTERCLAIMANTS,
v.
NOBEL BIOCARE USA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND NOBEL BIOCARE AB, A SWEDISH CORPORATION, COUNTERDEFENDANTS.

The opinion of the court was delivered by: Hon. Cormac J. Carney

[PROPOSED] PARTIAL FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 54(b) AND ORDER STAYING FURTHER PROCEEDINGS

The Court, having fully considered the parties' Joint Motion for Entry of Partial Final Judgment Pursuant to Fed. R. Civ. P. 54(b) and a Stay of Further Proceedings, and good cause showing, the motion is GRANTED,

IT IS HEREBY ADJUDGED, ORDERED AND DECREED THAT:

1. The Court finds that there is no just reason for delay in entering a final judgment with respect to the Court's April 15, 2009 Order Granting Nobel's Motion For Summary Judgment. Nobel's claim for a declaration of non-infringement and Materialise's infringement claim are separable from Nobel's other declaratory judgment claims. Further, granting Rule 54(b) certification now will advance both judicial economy, the interests of the parties, and the expeditious resolution of this case.

2. Pursuant to Fed. R. Civ. P. 54(b), and this Court's April 15, 2009 Order Granting Nobel's Motion For Summary Judgment, partial final judgment is hereby entered in favor of Nobel and against Materialise on Nobel's claim for a declaration of non-infringement of U.S. Patent No. 5,768,134 ("the '134 patent") and on Materialise's counterclaim of infringement of the '134 patent.

3. All proceedings in this action (except those in connection with the appeal of the April 15, 2009 Order) are hereby stayed pending the outcome of the appeal of the partial final judgment entered by this Order.

4. The dates set forth in this Court's May 16, 2008 Scheduling Order are hereby vacated.

Honorable Cormac J. Carney United States District Judge

20090511

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