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ArthroCare Corp. v. Ethicon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


December 24, 2009

IN THE MATTER OF THE ARBITRATION BETWEEN ARTHROCARE CORPORATION PETITIONER,
v.
ETHICON, INC., DEPUY MITEK, INC., GYRUS MEDICAL, LTD., AND GYRUS GROUP, PLC. RESPONDENTS.

The opinion of the court was delivered by: Judge Saundra B. Armstrong

[PROPOSED] ORDER REGARDING JOINT STIPULATION TO (1) DISMISS WITH PREJUDICE PETITION TO VACATE, (2) GRANT MOTION TO and CONFIRM AND (3) ENTER JUDGMENT

[PROPOSED] ORDER

Upon consideration of the Joint Stipulation to Dismiss With Prejudice Petition to Vacate, Grant Motion to Confirm and Enter Judgment that was filed jointly by Ethicon, Inc., DePuy Mitek, Inc., Gyrus Medical Ltd., Gyrus Group, PLC and ArthroCare Corporation, it is hereby:

ORDERED that ArthroCare's First Amended Petition to Vacate or Modify Arbitration Award and to Stay Enforcement of Award (Dkt. No. 31) is hereby DISMISSED WITH PREJUDICE.

It is further ORDERED that Respondents' Motion to Confirm Arbitral Award and to Dismiss Petition (Dkt. No. 17) is hereby GRANTED, the Final Award of the arbitration panel is CONFIRMED and Ethicon, Inc., DePuy Mitek, Inc., Gyrus Medical Ltd., Gyrus Group, PLC shall have judgment against ArthroCare Corporation in the amount of $16,687,565.00.

It is further ORDERED that all costs, expenses and attorney fees are to be borne by the party that incurred them, subject to the parties' agreement.

IT IS SO ORDERED.

HON. SAUNDRA B. ARMSTRONG U.S. DISTRICT COURT JUDGE

20091224

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