The Regents of the University of California et al v. Dakocytomation California Inc.

Filing 212

STIPULATION AND ORDER REGARDING BIFURCATION OF DAMAGES; Signed by Judge Marilyn Hall Patel on 11/24/2008. (awb, COURT-STAFF) (Filed on 11/25/2008)

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COUNSEL LISTED ON SIGNATURE PAGE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ABBOTT MOLECULAR INC., and ABBOTT LABORATORIES INC., Plaintiffs, v. DAKO NORTH AMERICA, INC. and DAKO DENMARK A/S, Defendants. AND RELATED COUNTERCLAIMS WHEREAS, the Court entered an August 27, 2008 Order re Case Schedule adopting the parties proposed case schedule, and setting trial for May 12, 2009; WHEREAS, the parties have since agreed that the issue of damages will be better addressed after resolution of liability; Plaintiffs The Regents of the University of California, Abbott Molecular Inc., and Abbott Laboratories Inc. and defendants Dako North America, Inc. and Dako Denmark A/S ("Dako") hereby stipulate as follows: 1) Trial in this matter be bifurcated into two phases; Case No. C-05-03955 MHP STIPULATION AND [PROPOSED] ORDER REGARDING BIFURCATION OF DAMAGES Judge: Marilyn Hall Patel

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STIPULATION AND [PROPOSED] ORDER RE: BIFURCATION OF DAMAGES

CASE NO. C-05-03955 MHP

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2)

The first phase will address all issues triable to a jury other than damages

(including infringement, invalidity, and willfulness), and defendants' equitable claim of inequitable conduct, and will proceed in accordance with the schedule adopted by the Court in its August 27, 2008 Order re Case Schedule; 3) If following the first phase any defendant is found to infringe a valid and

enforceable patent claim and the parties are unable to reach agreement as to the amount of damages that should be assessed, a second phase will address the issue of damages; 4) The parties agree to meet and confer regarding the schedule for damages-related

expert disclosures and discovery following resolution of liability; 5) In the event the court declines to bifurcate damages, the parties agree to meet and

confer to schedule and complete any remaining damages discovery and damages-related expert disclosures within the current schedule set forth in the August 27, 2008 Order re Case Schedule.

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STIPULATION AND [PROPOSED] ORDER RE: BIFURCATION OF DAMAGES 2 CASE NO. C-05-03955 MHP

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Dated: November 17, 2008

FENWICK & WEST LLP By: /s/ Carolyn Chang Carolyn Chang

LYNN H. PASAHOW (CSB No. 054283) ([e-mail]) MICHAEL J. SHUSTER (CSB No. 191611) ([e-mail]) HEATHER N. MEWES (CSB No. 203690) ([e-mail]) CAROLYN CHANG (CSB No. 217933) ([e-mail]) C. J. ALICE CHUANG (CSB No. 228556) ([e-mail]) FENWICK & WEST LLP 801 California Street Mountain View, CA 94041 Telephone: [phone] Facsimile: 650.938.5200 Attorneys for Plaintiffs THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ABBOTT MOLECULAR INC., and ABBOTT LABORATORIES INC. Dated: November 17, 2008 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. /s/ Wesley B. Derrick Wesley B. Derrick TINA E. HULSE (CSB #232936) ([e-mail]) WESLEY B. DERRICK (CSB #244944) ([e-mail]) FINNEGAN, HENDERSON, FARABLOW, GARRETT & DUNNER, L.L.P. Stanford Research Park 33 Hillview Avenue Palo Alto, CA 94304-1203 Attorneys for Defendants DAKO NORTH AMERICA, INC. and DAKO DENMARK A/S By:

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STIPULATION AND [PROPOSED] ORDER RE: BIFURCATION OF DAMAGES 3

CASE NO. C-05-03955 MHP

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ORDER Pursuant to the foregoing Stipulation, and good cause appearing therefore, the Court hereby ORDERS: 1) 2) Trial in this matter be bifurcated into two phases; The first phase will address all issues triable to a jury other than damages

(including infringement, invalidity, and willfulness), and defendants' equitable claim of inequitable conduct, and will proceed in accordance with the schedule adopted by the Court in its August 27, 2008 Order re Case Schedule; * 3) If following the first phase any defendant is found to infringe a valid and

enforceable patent claim and the parties are unable to reach agreement as to the amount of damages that should be assessed, a second phase will address the issue of damages; 4) The parties agree to meet and confer regarding the schedule for damages-related

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expert disclosures and discovery following resolution of liability. IT IS SO ORDERED.

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* The scheduling of trial on defendants' inequitable conduct is deferred until motions for summary judgment are heard.

STIPULATION AND [PROPOSED] ORDER RE: BIFURCATION OF DAMAGES

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l The Honorable Marilyn Hall tPatel H. Pa e Unitedudge Marilyn Judge States District J Northern District of California

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