Medtronic, Inc. et al v. AGA Medical Corporation

Filing 1012

ORDER DENYING 1007 MEDTRONIC'S MOTION FOR ADMINISTRATIVE RELIEF FROM THE COURT'S PRETRIAL PREPARATION ORDER DEADLINE TO FILE A DISPOSITIVE MOTION; SETTING HEARING DATE ON MEDTRONIC'S OUTSTANDING MOTIONS FOR SUMMARY JUDGMENT. At Medtr onic's request, Medtronic's motions for summary judgment on the issues of equitable estoppel and inequitable conduct are set for hearing on November 20, 2009 at 9:00 a.m. Signed by Judge Maxine M. Chesney on October 14, 2009. (mmclc2, COURT STAFF) (Filed on 10/14/2009)

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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 14, 2009 MAXINE M. CHESNEY United States District Judge Before the Court is plaintiff Medtronic, Inc.'s "Motion for Administrative Relief from the Court's Pretrial Preparation Order Deadline to File a Dispositive Motion Concerning AGA's Defense of Obviousness-Type Double Patenting ("OTDP")," filed October 2, 2009. As defendant AGA Medical Corporation points out, irrespective of whether Medtronic learned of the OTDP defense at a time subsequent to the dispositive motion filing cut-off, once Medtronic concededly was apprised of the defense, Medtronic had ample opportunity to seek leave to file a dispositive motion long before it did so. Accordingly, Medtronic's Motion is hereby DENIED. At Medtronic's request, Medtronic's motions for summary judgment on the issues of equitable estoppel and inequitable conduct are hereby SET for hearing on November 20, 2009 at 9:00 a.m. IT IS SO ORDERED. United States District Court v. AGA MEDICAL CORPORATION, Defendant. / MEDTRONIC, INC., et al., Plaintiffs, No. C 07-567 MMC ORDER DENYING MEDTRONIC'S MOTION FOR ADMINISTRATIVE RELIEF; SETTING HEARING DATE ON MEDTRONIC'S OUTSTANDING MOTIONS FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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