Medtronic, Inc. et al v. AGA Medical Corporation

Filing 466

ORDER VACATING APRIL 3, 2009 HEARINGS. Signed by Judge Maxine M. Chesney on March 31, 2009. (mmclc2, COURT STAFF) (Filed on 3/31/2009)

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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 Before the Court are the following motions, each scheduled for hearing April 3, 2009: 1. Defendant's "Motion for Summary Judgment (#1) of Noninfringement on the Ground that the Accused Products Do Not Exhibit Stress-Induced Martensite," filed February 27, 2009. 2. Defendant's "Motion (#2) for Summary Judgment of Invalidity under 35 U.S.C. 101 (`Double Patenting'), 102(a) (`Prior Use') and 103 (`Obviousness')," filed February 28, 2009. 3. Defendant's "Motion for Summary Judgment (#3) of Noninfringement on Grounds Other than the Absence of Stress-Induced Martensite," filed February 27, 2009. 4. Plaintiffs' "Motion for Summary Judgment that the Hughes Document Is Not Prior Art," filed February 27, 2009. 5. Plaintiffs' "Motion that the Cragg Filter Experiments Are Not Prior Art under 35 v. AGA MEDICAL CORPORATION, Defendant. / MEDTRONIC, INC., et al., Plaintiffs, No. C-07-0567 MMC ORDER VACATING APRIL 3, 2009 HEARINGS United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U.S.C. 102 or 103 and that the Cragg II Paper Is Not Anticipating under 102," filed February 27, 2009. 6. Plaintiffs' "Motion for Summary Judgment against AGA's Equitable Estoppel Affirmative Defense and Counterclaim," filed February 27, 2009. 7. Plaintiffs' "Motion for Summary Judgment of No Inequitable Conduct," filed February 27, 2009. Having read and considered the papers filed in support of and in opposition to the motions, the Court finds the matters appropriate for determination without oral argument and hereby VACATES the hearings scheduled for April 3, 2009. IT IS SO ORDERED. Dated: March 31, 2009 MAXINE M. CHESNEY United States District Judge 2

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