Vnus Medical Technologies Inc. v. Biolitec, Inc. et al

Filing 100

ORDER APPROVING STIPULATION TO BIFURCATE AND STAY THE EIGHTH THROUGH ELEVENTH COUNTERCLAIMS OF DEFENDANT TOTAL VEIN SOLUTIONS, LLC. TVS's Eighth, Ninth, Tenth, and Eleventh Counterclaims are bifurcated and stayed pending resolution of the remainder of the parties' claims and counterclaims. Signed by Judge Maxine M. Chesney on January 26, 2009. (mmclc1, COURT STAFF) (Filed on 1/26/2009)

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Matthew B. Lehr (Bar No. 213139) Suong T. Nguyen (Bar No. 237557) David J. Lisson (Bar No. 250994) Chung G. Suh (Bar No. 244889) DAVIS POLK & WARDWELL 1600 El Camino Real Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff VNUS Medical Technologies, Inc. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiff, ) ) v. ) ) BIOLITEC, INC., DORNIER MEDTECH ) AMERICA, INC., and NEW STAR LASERS, ) INC. d/b/a COOLTOUCH, INC., ) ) Defendants. ) ) ) ) VNUS MEDICAL TECHNOLOGIES, INC., ) ) Plaintiff, ) ) v. ) ) TOTAL VEIN SOLUTIONS, LLC d/b/a ) TOTAL VEIN SYSTEMS, ) ) Defendant. ) ) ) ) VNUS MEDICAL TECHNOLOGIES, INC., LEAD CASE NO. C08-03129 MMC CASE NO. C08-3129 MMC STIPULATION AND [PROPOSED] ORDER TO BIFURCATE AND STAY THE EIGHTH THROUGH ELEVENTH COUNTERCLAIMS OF DEFENDANT TOTAL VEIN SOLUTIONS, LLC, d/b/a/ TOTAL VEIN SYSTEMS

CASE NO. C08-04234 MMC (consolidated with C08-3129 MMC)

STIPULATION AND [PROPOSED] ORDER TO BIFURCATE AND STAY THE EIGHTH THROUGH ELEVENTH COUNTERCLAIMS OF DEFENDANT TOTAL VEIN SOLUTIONS, LLC, d/b/a/ TOTAL VEIN SYSTEMS CASE NOs. C08-03129 MMC & C08-04234 MMC

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WHEREAS, Plaintiff VNUS Medical Technologies, Inc. ("VNUS") filed a Complaint against Defendant Total Vein Solutions, LLC, d/b/a Total Vein Systems ("TVS") in the abovecaptioned action on September 8, 2008 and filed a First Amended Complaint on November 14, 2008; WHEREAS, TVS filed an Answer and Counterclaims against VNUS in response to the First Amended Complaint on December 4, 2008 and filed a First Amended Answer and Counterclaims on January 7, 2009; WHEREAS, VNUS's First Amended Complaint alleges that TVS has infringed the patents-

WHEREAS, the parties agree that significant court and party resources would be conserved if discovery and trial on the issue of unenforceability is conducted prior to discovery and trial of TVS's Eighth through Eleventh Counterclaims; NOW THEREFORE, it is hereby stipulated and agreed by the respective parties by and through their counsel of record that TVS's Eighth, Ninth, Tenth, and Eleventh Counterclaims are bifurcated and stayed pending resolution of the remainder of the parties' claims and counterclaims.

Dated: January 21, 2009

Respectfully Submitted, ATTORNEYS FOR PLAINTIFF VNUS MEDICAL TECHNOLOGIES, INC.

By: s/ Diem-Suong T. Nguyen Matthew B. Lehr (Bar No. 213139) Diem-Suong T. Nguyen (Bar No. 237557) David J. Lisson (Bar No. 250994) Chung G. Suh (Bar No. 244889) DAVIS POLK & WARDWELL 1600 El Camino Real Menlo Park, CA 94025 [phone]/[phone] (fax) [e-mail] [e-mail] [e-mail] [e-mail]

1 STIPULATION AND [PROPOSED] ORDER TO BIFURCATE AND STAY THE EIGHTH THROUGH ELEVENTH COUNTERCLAIMS OF DEFENDANT TOTAL VEIN SOLUTIONS, LLC, d/b/a/ TOTAL VEIN SYSTEMS CASE NOs. C08-03129 MMC & C08-04234 MMC

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Dated: January 21, 2009

ATTORNEYS FOR DEFENDANT TOTAL VEIN SOLUTIONS, LLC d/b/a TOTAL VEIN SYSTEMS

By: s/ John Karl Buche John Karl Buche (Bar No. 239477) Sean Sullivan (Bar No. 254372) BUCHE & ASSOCIATES, PC 875 Prospect, Suite 305 La Jolla, CA 92037 Tel: [phone] Fax: [phone] [e-mail] [e-mail]

I hereby attest that I have on file written permission to sign this stipulation from all parties whose signatures are indicated by a "conformed" signature (/s/) within this e-filed document.

s/ Diem-Suong T. Nguyen Diem-Suong T. Nguyen PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: January 26

, 2009 MAXINE M. CHESNEY United States District Judge

2 STIPULATION AND [PROPOSED] ORDER TO BIFURCATE AND STAY THE EIGHTH THROUGH ELEVENTH COUNTERCLAIMS OF DEFENDANT TOTAL VEIN SOLUTIONS, LLC, d/b/a/ TOTAL VEIN SYSTEMS CASE NOs. C08-03129 MMC & C08-04234 MMC