Therasense, Inc. v. Becton, Dickinson and Company

Filing 1079

ORDER OF REFERENCE AGREED TO BY ALL PARTIES AND SPECIAL MASTER. Signed by Judge Alsup on December 1, 2008. (whalc1, COURT STAFF) (Filed on 12/1/2008)

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1 2 3 4 5 6 7 8 9 10 THERASENSE, INC., Plaintiff, v. BECTON, DICKINSON AND COMPANY, Defendant. AND CONSOLIDATED CASES. / / No. C 04-02123 WHA Consolidated with No. C 04-03327 WHA No. C 04-03732 WHA No. C 05-03117 WHA ORDER OF REFERENCE AGREED TO BY ALL PARTIES AND SPECIAL MASTER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Federal Rules of Civil Procedure 53 and 54(d)(2)(D) and the Court's August 21, 2008 Order re Attorney's Fees and Costs, the Court hereby appoints Judge Eugene Lynch (Ret.) of JAMS to proceed, with all reasonable diligence, as Special Master to determine the amount of attorney's fees and costs to which defendants are entitled under the Order re Attorney's Fees and Costs. The Special Master's appointment shall be subject to Rule 53, the Court's Order re Attorney's Fees and Costs (which is incorporated herein by reference), as well as the following terms: . 1. By MARCH 2, 2009, the Special Master shall file a report and recommendation, with factual findings, on the amount of fees to be awarded under the Court's Order re Attorney's Fees and Costs. 2. The Special Master's fee shall be divided equally among the parties on an interim basis. Per the Order re Attorney's Fees and Costs, the Court may reallocate the Special 1 2 3 4 5 6 7 8 9 10 Master's fees among the parties after it reviews the Special Master's findings, report, and recommendation and any objections by the parties. 3. The Special Master may communicate ex parte with the Court as necessary. The Special Master may not communicate ex parte with any party except as the Special Master finds necessary to fulfill his duties. 4. In addition to the guidelines in the August 21 order, the Special Master shall determine what the "going rate" was at the time in question for a "one-patent case" and shall consider the extent to which the two defendants should have economized by allocating common defense work as between themselves and/or with other defendants. The overall assignment is to determine the reasonable value of attorney's fees and expenses in question. The Special Master shall make a specific recommendation whether his fees should be allocated other than on a fiftyfifty basis due to the taking of unreasonable positions by any party. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: December 1, 2008. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE Accepted as to form, Dated: December __, 2008 HON EUGENE LYNCH Dated: December __, 2008 ROPES & GRAY LLP Attorneys for Defendants NOVA BIOMEDICAL CORPORATION AND BECTION, DICKINSON AND COMPANY 2 1 2 3 4 5 6 7 8 9 10 Dated: December __, 2008 MORRISON & FOERSTER LLP Attorneys for Defendant BAYER HEALTHCARE, LLC Dated: December __, 2008 MUNGER, TOLLES, & OLSON LLP Attorneys for Defendants ABBOTT DIABETES CARE INC. AND ABBOTT LABORATORIES United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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