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

Filing 401

STIPULATION AND ORDER VACATING TRIAL DATE(S); Notice of Settlement; Signed by Judge Marilyn Hall Patel on 5/22/2009. (awb, COURT STAFF) (Filed on 5/22/2009)

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LYNN H. PASAHOW (CSB 054283) ([e-mail]) FENWICK & WEST LLP Silicon Valley Center, 801 California Street Mountain View, CA 940401 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs/Counterclaim-Defendants THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ABBOTT MOLECULAR INC., and ABBOTT LABORATORIES INC. THOMAS H. JENKINS (Admitted Pro Hac Vice) ([e-mail]) FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue Washington D.C, 20001-4413 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants/Counterclaim-Plaintiffs DAKO NORTH AMERICA, INC. and DAKO DENMARK A/S [Additional Counsel appear 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 Case No. C 05-03955 MHP JOINT NOTICE OF SETTLEMENT AND MOTION TO VACATE TRIAL DATE; [PROPOSED] ORDER Bench Trial: May 26, 2009 Trial Date: May 27, 2009 The Honorable Marilyn Hall Patel

JOINT NOTICE OF SETTLEMENT AND MOTION TO VACATE TRIAL DATE

CASE NO. C 05-3955 MHP

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Pursuant to Civil Local Rule 40-1 and Civil Local Rule 7, 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 ("Defendants"), (collectively "the parties") hereby jointly provide the Court with Notice of Settlement and respectfully request the Court to vacate the current Tuesday, May 26, 2009 bench trial and Wednesday, May 27, 2009 jury trial dates. On Thursday, May 21, 2009 the parties executed a binding Memorandum of Understanding resolving the claims and counterclaims in the above-entitled litigation. The parties are currently preparing a formal and comprehensive written Settlement Agreement, which will include a dismissal of all claims and counterclaims in this action. To allow the parties sufficient time to prepare and execute the Settlement Agreement and resolve this action, the parties respectfully request the Court vacate the currently scheduled trial dates. The bench trial on inequitable conduct is currently scheduled to begin on Tuesday, May 26, 2009. In addition, the jury trial is scheduled to begin on Wednesday, May 27, 2009. The parties expect to have the Settlement Agreement executed and a dismissal of all claims and counterclaims filed within the next thirty days. Accordingly, the parties jointly move the Court for an order vacating the current trial dates. The parties shall notify the Court by June 19, 2009 of the status of the Settlement Agreement if no dismissal is filed before that date. /// /// ///

JOINT NOTICE OF SETTLEMENT AND MOTION TO VACATE TRIAL DATE

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CASE NO C 05-3955 MHP

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Dated: May 21, 2009

FENWICK & WEST LLP By: /s/ Lynn H. Pasahow Lynn H. Pasahow

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]) RYAN A. TYZ (CSB NO. 234895) ([e-mail]) FENWICK & WEST LLP 801 California Street Mountain View, CA 94041 Telephone: [phone] Facsimile: 650.938.5200 Attorneys for Plaintiffs/Counterclaim-Defendants THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ABBOTT MOLECULAR INC., and ABBOTT LABORATORIES INC.

JOINT NOTICE OF SETTLEMENT AND MOTION TO VACATE TRIAL DATE

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CASE NO C 05-3955 MHP

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Dated: May 21, 2009

FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. By: /s/ Thomas H. Jenkins Thomas H. Jenkins

THOMAS H. JENKINS (Admitted Pro Hac Vice) ([e-mail]) ANTHONY C. TRIDICO (Admitted Pro Hac Vice) ([e-mail]) FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue Washington, D.C. 20001-4413 Telephone: [phone] Facsimile: [phone] Tina E. Hulse (CA Bar No. 232936) ([e-mail]) Wesley Derrick (CA Bar No. 244944) ([e-mail]) Sarah E. Craven (CA Bar No. 261046) ([e-mail]) FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. Stanford Research Park 3300 Hillview Avenue Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants/Counterclaim-Plaintiffs DAKO NORTH AMERICA, INC. and DAKO DENMARK A/S

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Carolyn Chang, attest that concurrence in the filing of this document has been obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed document I declare under penalty of perjury that the foregoing is true and correct. Executed this 21th day of May, 2009 in Mountain View, California. /s/ Carolyn Chang __________ Carolyn Chang

JOINT NOTICE OF SETTLEMENT AND MOTION TO VACATE TRIAL DATE

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CASE NO C 05-3955 MHP

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JOINT NOTICE OF SETTLEMENT AND MOTION TO VACATE TRIAL DATE

[PROPOSED] ORDER Having reviewed the parties' Notice of Settlement and Joint Motion to Vacate Trial Date, and good cause appearing, it is hereby ORDERED: 1. 2. 3. The May 26, 2009 hearing on inequitable conduct is hereby vacated; The jury trial, scheduled to begin on May 27, 2009, is hereby vacated; The above-entitled action is continued for thirty days pending the execution of a

formal Settlement Agreement to include a dismissal of the above-entitled action. The parties shall notify the Court by June 19, 2009 of the status of the litigation if no dismissal of the action is filed by that date. IT IS SO ORDERED. Dated: May 22 , 2009 By:

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