Medtronic, Inc. et al v. AGA Medical Corporation

Filing 478

ORDER RE: MEDTRONIC'S (1) MOTION FOR SUMMARY JUDGMENT AGAINST AGA'S EQUITABLE ESTOPPEL AFFIRMATIVE DEFENSE/COUNTERCLAIM AND (2) MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT. Signed by Judge Maxine M. Chesney on April 28, 2009. (mmclc2, COURT STAFF) (Filed on 4/28/2009)

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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 United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MEDTRONIC, INC., et al., Plaintiffs, v. AGA MEDICAL CORPORATION, Defendant. / No. C-07-0567 MMC ORDER RE: MEDTRONIC'S (1) MOTION FOR SUMMARY JUDGMENT AGAINST AGA'S EQUITABLE ESTOPPEL AFFIRMATIVE DEFENSE/ COUNTERCLAIM AND (2) MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT Before the Court are plaintiffs Medtronic, Inc., Medtronic USA, Inc., and Medtronic Vascular, Inc.'s (collectively, "Medtronic") Motion for Summary Judgment against AGA's Equitable Estoppel Affirmative Defense and Counterclaim, filed February 27, 2009, and Medtronic's Motion for Summary Judgment of No Inequitable Conduct, likewise filed February 27, 2009. With respect to each motion, defendant AGA Medical Corporation ("AGA") has filed opposition, to which Medtronic has replied. Because the issues of equitable estoppel and inequitable conduct will be tried to the Court, rather than to the jury, the Court will defer ruling on the motions and will discuss, at the Pretrial Conference, the subsequent scheduling thereof. IT IS SO ORDERED. Dated: April 28, 2009 MAXINE M. CHESNEY United States District Judge

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