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Synthes Usa, LLC (F/K/A Synthes (U.S.A v. Spinal Kinetics

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 23, 2012

SYNTHES USA, LLC (F/K/A SYNTHES (U.S.A.)), PLAINTIFF,
v.
SPINAL KINETICS, INC.,
DEFENDANT.

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

STIPULATION AND ORDER TO CONTINUE HEARING ON SPINAL KINETICS, INC.'S MOTION TO HAVE CASE DECLARED EXCEPTIONAL AND FOR AWARD OF ATTORNEYS' FEES (DKT. #513) AND RELATED COUNTERCLAIMS.

DOCSLA-91640v1

On March 19, 2012, Spinal Kinetics, Inc. ("Spinal Kinetics") filed its Motion to Have Case Declared Exceptional and for Award of Attorneys' Fees ("Motion"). (Dkt. #513). The hearing on 3 the Motion is presently set for April 27, 2012. 4 Counsel for Synthes USA, LLC (f/k/a Synthes (U.S.A.)) ("Synthes") has requested a 5 continuance of the Motion hearing date and counsel for Spinal Kinetics has agreed. 6 Counsel and the Court are available on May 4, 2012 for the hearing on the Motion.

IT IS HEREBY STIPULATED, by and between the parties, through their undersigned 8 counsel of record, and subject to the approval of this Court, that:

1. The date for the Motion hearing is continued from April 27, 2012 to May 4, 2012 at 9 10 a.m.; and 11

2. The Clerk shall update the Court's Docket and Calendar accordingly.

IT IS SO ORDERED.

Dated: , 2012

Agreed to and submitted by:

Dated: March 28, 2012 DICKSTEIN SHAPIRO LLP By: /s/ James W. Geriak James W. Geriak Attorneys for Defendant SPINAL KINETICS, INC. Dated: March 28, 2012 SIDLEY AUSTIN LLP By: /s/ Jeffrey M. Olson Jeffrey M. Olson Attorneys for Plaintiff SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.))

Pursuant to General Order No. 45, Section X(B), I attest under penalty of perjury that 2 concurrence in the filing of this document has been obtained from Jeffrey M. Olson, counsel of 3 record for Synthes USA, LLC (f/k/a Synthes (U.S.A.)).

Respectfully submitted, Dated: March 28, 2012 DICKSTEIN SHAPIRO LLP By: /s/ James W. Geriak James W. Geriak Attorneys for Defendant SPINAL KINETICS, INC.

20120423

© 1992-2012 VersusLaw Inc.



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