Therasense, Inc. v. Becton, Dickinson and Company

Filing 1100

STIPULATION AND ORDER REGARDING STAY OF COSTS JUDGMENT PENDING APPEAL. Signed by Judge Alsup on June 17, 2009. (whalc1, COURT STAFF) (Filed on 6/17/2009)

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ROHIT SINGLA (#213057) JASON RANTANEN (#229404) MUNGER, TOLLES & OLSON LLP 560 Mission Street 27th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail]

Attorneys for Plaintiffs ABBOTT DIABETES CARE INC. and ABBOTT LABORATORIES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABBOTT DIABETES CARE INC. and ABBOTT LABORATORIES, Plaintiffs, vs. ROCHE DIAGNOSTICS CORP., ROCHE DIAGNOSTICS OPERATIONS, INC., and BAYER HEALTHCARE, LLC, Defendants. THERASENSE, INC., and ABBOTT LABORATORIES, Plaintiffs, vs. NOVA BIOMEDICAL CORPORATION AND BECTON, DICKINSON AND COMPANY, Defendants.

CASE NO. C04-2123 WHA Consolidated with: CASE NO. C04-3327 WHA CASE NO. C04-3732 WHA CASE NO. C05-3117 WHA

STIPULATION AND [PROPOSED] ORDER REGARDING STAY OF COSTS JUDGMENT PENDING APPEAL

JOINT STIPULATION REGARDING STAY OF COSTS JUDGMENTS CASE NO. C 04-2123 WHA

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7894257.2

Abbott Diabetes Care, Inc. and Abbott Laboratories ("Plaintiffs"), by and through undersigned counsel of record, and Nova Biomedical Corporation and Becton, Dickinson and Co. ("Defendants"), by and through undersigned counsel of record, hereby stipulate that the bonds obtained by Plaintiffs in the amounts of $133,703.52 and $170,296.07, respectively, are acceptable supersedeas bonds under Federal Rule of Civil Procedure 62(d) for obtaining an order staying execution of the judgments taxing costs in favor of defendants, pending the appeals of the underlying judgments. The parties therefore agree and stipulate that execution of the costs judgments shall be stayed pending the appeals of the underlying judgments.

DATED:

June 16, 2009

MUNGER, TOLLES & OLSON, LLP By: /s/ ROHIT SINGLA

Attorneys for Plaintiffs ABBOTT DIABETES CARE INC. and ABBOTT LABORATORIES DATED: June 16, 2009 ROPES & GRAY LLP By: /s/ BRADFORD J. BADKE (pro hac vice)

Attorneys for Defendants NOVA BIOMEDICAL CORPORATION and BECTON, DIKINSON AND COMPANY

UNIT ED

IT IS SO ORDERED. DATED: June 17 , 2009

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ER JOINT STIPULATION REGARDING STAY C N OF O F JUDGMENTS D I S T CASECOSTS 04-2123 WHA NO. RICT C
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UNITED STATES DISTRICT JUDGE lsup illiam A udge W J

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R IS SO O IT H. ALSUP WILLIAM
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7894257.2

I, Rohit K. Singla, am the ECF user whose identification and password are being used to file the Stipulation and [Proposed] Order Regarding Stay of Costs Judgment Pending Appeal. In compliance with General Order 45.X.B., I hereby attest that Bradford J. Badke has concurred in this filing. DATED: June 16, 2009 MUNGER, TOLLES & OLSON, LLP By: /s/ ROHIT SINGLA

Attorneys for Plaintiffs ABBOTT DIABETES CARE INC. and ABBOTT LABORATORIES

JOINT STIPULATION REGARDING STAY OF COSTS JUDGMENTS CASE NO. C 04-2123 WHA