Genomic Health, Inc v. Incyte Corporation

Filing 45

ORDER GRANTING 44 Stipulation for Dismissal With Prejudice. Signed by Judge Jeffrey S. White on 5/3/11. (jjoS, COURT STAFF) (Filed on 5/3/2011)

Case3:10-cv-03643-JSW Document44

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Filed05/02/11 Page1 of 3

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MCDERMOTT WILL & EMERY LLP
WILLIAM G. GAEDE, III (136184)
[e-mail]
ANDREW A. KUMAMOTO (178541)
[e-mail]
SHANE SMITH (272630)
[e-mail]
275 Middlefield Road, Suite 100
Menlo Park, CA 94025
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Genomic Health, Inc.

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WILMER CUTLER PICKERING HALE AND DORR LLP
MARK D. FLANAGAN (130303)
[e-mail]
RUSSELL S. TONKOVICH (233280)
[e-mail]
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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SILICON VALLEY

ATTORNEYS AT LAW

M C D ERMOTT W ILL & E MERY LLP

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Attorneys for Incyte Corporation

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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GENOMIC HEALTH, INC.,
Plaintiff and Counter-Defendant,

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v.
INCYTE CORPORATION,

No. 10-CV-03643 JSW
STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL WITH
PREJUDICE
Hon. Jeffrey S. White

Defendant and Counter-Claimant.

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DM_US 28112054-1.068154.0037

STIPULATION AND ORDER
FOR DISMISSAL WITH PREJUDICE
CASE NO. 10-CV-03643 JSW

Case3:10-cv-03643-JSW Document44

Filed05/02/11 Page2 of 3

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WHEREAS, Plaintiff and Counter-Defendant, Genomic Health, Inc., and Defendant and

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Counter-Claimant, Incyte Corporation, have reached a confidential settlement of this case. As

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part of this confidential settlement, the parties have agreed to the entry of this Stipulated

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Dismissal with Prejudice, including the terms and conditions set forth below.

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IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto,
through their respective counsel, as follows:
1.

The Court shall retain jurisdiction over the parties to the extent necessary to

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enforce the terms of this Stipulation for Dismissal with Prejudice and the confidential settlement

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agreement reached between the parties, the terms of which are expressly incorporated herein by

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reference as though fully set forth.
2.

This Stipulation for Dismissal shall be binding upon and shall inure to the benefit

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SILICON VALLEY

ATTORNEYS AT LAW

M C D ERMOTT W ILL & E MERY LLP

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of Genomic Health, Inc. and Incyte Corporation and each of their respective licensees,

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subsidiaries, corporate parents, affiliates, and/or successors and assigns.

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3.

Each side shall bear its own costs and fees.

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4.

This action is hereby fully DISMISSED WITH PREJUDICE.

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DATED:

May 2, 2011

MCDERMOTT WILL & EMERY, LLP

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By:

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Attorneys for Genomic Health, Inc.

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/s/ William G. Gaede, III
William G. Gaede, III

DATED:

WILMER CUTLER PICKERING
HALE AND DORR LLP

May 2, 2011

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By:

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/s/ Mark D. Flanagan
Mark D. Flanagan
Attorneys for Incyte Corporation

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DM_US 28112054-1.068154.0037

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STIPULATION AND ORDER
FOR DISMISSAL WITH PREJUDICE
CASE NO. 10-CV-03643 JSW

Case3:10-cv-03643-JSW Document44

Filed05/02/11 Page3 of 3

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-oOo-

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SIGNATURE ATTESTATION

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Pursuant to General Order 45.X(B), I hereby attest that concurrence has been obtained
from Mark D. Flanagan indicated by a “conformed” signature (/s/) within this e-filed document.

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/s/ William G. Gaede, III
William G. Gaede, III

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-oOo-

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DISMISSAL WITH PREJUDICE

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IT IS SO ORDERED that, pursuant to the parties’ stipulation and the confidential
settlement agreement, this case and the counterclaims thereto are hereby dismissed with
prejudice.

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SILICON VALLEY

ATTORNEYS AT LAW

M C D ERMOTT W ILL & E MERY LLP

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DATED:

May 3, 2011

HONORABLE JEFFREY S. WHITE
United States District Court Judge

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DM_US 28112054-1.068154.0037

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STIPULATION AND ORDER
FOR DISMISSAL WITH PREJUDICE
CASE NO. 10-CV-03643 JSW