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

Filing 243

ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE THE DECLARATIONS OF DR. ROBERT T. ANDREWS, DR. WARREN S. GRUNDFEST, AND TERRY A. FULLER IN FURTHER SUPPORT OF ITS OPPOSITIONS TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT; DIRECTIONS TO PLAINTIFF. Plaintiff is directed to file the declarations no later than July 30, 2010. Signed by Judge Maxine M. Chesney on July 26, 2010. (mmclc1, COURT STAFF) (Filed on 7/26/2010)

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Vnus Medical Technologies Inc. v. Biolitec, Inc. et al Doc. 243 1 2 3 4 5 6 7 8 Matthew B. Lehr (Bar No. 213139) Suong T. Nguyen (Bar No. 237557) David J. Lisson (Bar No. 250994) Chung G. Suh (Bar No. 244889) Jeremy Brodsky (Bar No. 257674) DAVIS POLK & WARDWELL LLP 1600 El Camino Real Menlo Park, California 94025 Telephone: (650) 752-2000 Facsimile: (650) 752-2111 Attorneys for Plaintiff Tyco Healthcare Group LP d/b/a VNUS Medical Technologies UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE EXPERT DECLARATIONS CASE NOS. C08-03129 MMC & C08-04234 MMC TYCO HEALTHCARE GROUP LP d/b/a VNUS MEDICAL TECHNOLOGIES, ) ) v. ) ) BIOLITEC, INC., DORNIER MEDTECH ) AMERICA, INC., and NEW STAR LASERS, ) INC. d/b/a COOLTOUCH, INC., ) ) Defendants. ) ) ) ) ) ) TYCO HEALTHCARE GROUP LP d/b/a ) VNUS MEDICAL TECHNOLOGIES, ) ) Plaintiff, ) ) v. ) ) TOTAL VEIN SOLUTIONS, LLC d/b/a ) TOTAL VEIN SYSTEMS, ) ) Defendant. ) ) ) Plaintiff, LEAD CASE NO. C08-03129 MMC CASE NO. C08-03129 MMC [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE THE DECLARATIONS OF DR. ROBERT T. ANDREWS, DR. WARREN S. GRUNDFEST, AND TERRY A. FULLER IN FURTHER SUPPORT OF ITS OPPOSITIONS TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT ; DIRECTIONS TO PLAINTIFF CASE NO. C08-04234 MMC (consolidated with C08-03129 MMC) Dockets.Justia.com 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 Before the Court is Plaintiff's Motion for Leave to File the Declarations of Dr. Robert T. Andrews, Dr. Warren S. Grundfest, and Dr. Terry A. Fuller in Further Support of its Oppositions to and defendants' opposition thereto. Defendants' Motions for Summary Judgment., Having considered the arguments and papers ^ submitted by the parties, the Plaintiff's Motion is GRANTED., and plaintiff is DIRECTED to file said declarations no later than July 30, 2010. To the extent defendants' opposition challenges the admissibility and relevance of said declarations, the Court will consider such challenges in connection with IT IS SO ORDERED. its ruling on defendants' motions for summary judgment. July 26 Dated: ______________ 2010 HON. MAXINE M. CHESNEY United States District Judge 1 [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE EXPERT DECLARATIONS CASE NOS. C08-03129 MMC & C08-04234 MMC

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