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Fresenius Medical Care Holdings, Inc., A v. Additional Materials

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


January 24, 2011

FRESENIUS MEDICAL CARE HOLDINGS, INC., A NEW YORK CORPORATION; AND FRESENIUS
USA, INC., A MASSACHUSETTS CORPORATION,
PLAINTIFFS AND COUNTER-DEFENDANTS,
v.
ADDITIONAL MATERIALS; BAXTER INTERNATIONAL, INC., A
DELAWARE CORPORATION; AND BAXTER HEALTHCARE CORPORATION, A DELAWARE CORPORATION,
DEFENDANTS AND COUNTERCLAIMANTS.

The opinion of the court was delivered by: Judge Phyllis J.

FRESENIUS' STATEMENT OF RECENT DECISIONS & REQUEST TO SUBMIT [PROPOSED] ORDER

FRESENIUS' STATEMENT OF RECENT DECISIONS &REQUEST TO SUBMIT ADDITIONAL MATERIALS;

[PROPOSED] ORDER

Defendants Baxter International, Inc. and Baxter Healthcare Corporation's (collectively, "Baxter") Motion For Decision On Limited Remand Issues [Dkt. 1048] and Plaintiffs Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc.'s (collectively "Fresenius") Motion For New Trial To Determine Damages For U.S. Patent No. 5,247,434 [Dkt. 1042] and Fresenius's Motion To Stay Remand Proceedings [Dkt. 1044] are currently pending before the Court.

The United States Court of Appeals for the Federal Circuit has since last February decided several cases that directly impact the issues presented by these pending motions. Pursuant to Civil Local Rule 7-3(d), Fresenius respectfully submits the following relevant Federal Circuit opinions published after the date the opposition to Baxter's motion or replies in support of Fresenius' motions were filed:

* Uniloc USA, Inc. v. Microsoft Corporation, -- F.3d --, 2011 WL 9738 (Fed. Cir.Jan. 4, 2011) (copy attached as Attachment A)

* Wordtech Systems, Inc. v. Integrated Network Solutions, Inc., 609 F.3d 1308 (Fed.Cir. 2010) (copy attached as Attachment B)

* ResQNet.com, Inc. v. Lansa, Inc., 594 F.3d 860 (Fed. Cir. 2010) (copy attached as Attachment C)

Further pursuant to Civil Local Rule 7-3(d), Fresenius respectfully requests permission from the Court to submit a two-page letter brief to state the relevancy of these decisions, including 19 an identification of relevant portions of the trial record and the briefs that pertain to the pending motions and impacted by the recent decisions.

Dated: January 24, 2011 FISH & RICHARDSON P.C.

By: /s/ Michael E. Florey Michael E. Florey Attorneys for Plaintiffs/Counterclaim Defendants

Good cause having been shown, the Court grants Fresenius' request to submit a letter brief, limited to no more than two pages, within seven (7) days of the issuance of this Order, to state the relevancy of the recent Federal Circuit opinions Uniloc USA, Inc. v. Microsoft Corporation, F.3d --, 2011 WL 9738 (Fed. Cir. Jan. 4, 2011); Wordtech Systems, Inc. v. Integrated Network Solutions, Inc., 609 F.3d 1308 (Fed. Cir. 2010); and ResQNet.com, Inc. v. Lansa, Inc., 594 F.3d 860 (Fed. Cir. 2010), to the pending motions (Dkt. Nos. 1042; 1044; 1048).

Baxter may thereafter submit a response letter brief, limited to no more than two pages, within seven (7) days of Fresenius' filing of its letter brief.

IT IS SO ORDERED.

S DI TR ATE S ICT Dated: January 26 2011 S T O D U C

I N ORDERED IT IS SO HON. PHYLLIS J. HAMILTON E R T T U A I

U.S. District Court Judge N Hamilton N

R O O R F T I H L E A R C N F DIST ICT O R

20110124

© 1992-2011 VersusLaw Inc.



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