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Cellectricon AB v. Fluxion Biosciences

November 16, 2009

CELLECTRICON AB AND GYROS AB PLAINTIFFS,
v.
FLUXION BIOSCIENCES, INC., ET AL. DEFENDANTS.



The opinion of the court was delivered by: Ronald M. Whyte United States District Court Judge

STIPULATION AND [] ORDER RE DEFENDANT'S MOTION TO DISMISS, PLAINTIFFS' AMENDED COMPLAINT AND POTENTIAL DISCOVERY REGARDING WILLFULNESS

Pursuant to Civil Local Rule 7-12, Plaintiffs Cellectricon AB and Gyros AB ("Plaintiffs") and Defendant Fluxion Biosciences, Inc. ("Defendant"), through their respective counsel, stipulate as follows and respectfully request that the Court enter the following Proposed Order:

for willful infringement with respect to the patents in suit; the alternative for a more definite statement regarding the claims for willful infringement;

removes the claims for willful infringement without prejudice to Plaintiffs seeking further leave to amend the complaint, if appropriate, to reallege claims for willful infringement upon the completion of discovery regarding such claims, and Defendant reserves the right to move to dismiss or to otherwise attack any such claims for willful infringement;

alleged willful infringement and to the extent Defendant intends to or has relied upon the advice of counsel, Defendant shall comply with the Patent Local Rules regarding the disclosures pertaining to any such reliance on advice of counsel, and Defendant shall not object to such discovery or disclosures based on the absence of claims of willful infringement in the First Amended Complaint, although, Defendant reserves the right to object to such discovery to the extent it becomes burdensome, oppressive or overbroad;

their amended complaint within five court days of the Court's order, if any, pursuant to this Stipulation;

court days of receipt of service of the First Amended Complaint, which service shall be effective upon receipt by counsel of record for Defendant.

action, by and through their respective counsel of record, and subject to the approval of the Court:

shall amend its complaint to delete all claims for willful infringement without prejudice to Plaintiffs

WHEREAS Plaintiffs filed a complaint in the above-entitled action which contained claims

WHEREAS Defendant has filed a motion to dismiss the claims for willful infringement or in

WHEREAS the parties have agreed that Plaintiffs will file an amended complaint which

WHEREAS Plaintiffs reserve the right to conduct discovery on the issue of Defendant's

WHEREAS Defendant's motion to dismiss will be taken off calendar and ...


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