Life Technologies Corporation et al v. Biosearch Technologies, Inc.

Filing 442

ORDER re 373 Request for Attorneys' Fees and Costs (jcslc3S, COURT STAFF) (Filed on 10/2/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LIFE TECHNOLOGIES CORPORATION,
and APPLIED BIOSYSTEMS, LLC,

Case No. C 12-00852 WHA (JCS)

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Plaintiffs,
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ORDER RE REQUEST FOR
ATTORNEYS’ FEES AND COSTS

v.
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For the Northern District of California

United States District Court

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[Docket No. 373]
BIOSEARCH TECHNOLOGIES INC.,
BIOSYNTHESIS, INC., and EUROFINS
MWG OPERON, INC.,
Defendants.
___________________________________/

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Plaintiffs Life Tech Technologies Corporation and Applied Biosystems LLC (collectively,

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“Life Tech”) filed a motion for Sanctions for Violation of a Protective Order (the “Motion”),

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alleging that two of Defendant Biosearch Technologies, Inc.’s (“Biosearch”) attorneys at Morgan,

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Lewis & Brockius LLP violated multiple court orders. A hearing was held on the Motion on Friday,

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April 27, 2012, at 9:00 am, and the Motion was granted in part for sanctions in the form of

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reasonable attorneys’ fees and costs. See Order Granting in Part and Denying in Part Plaintiff’s

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Motion for Sanctions (“Order”) at 19. Following the Order, Life Tech submitted declarations

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supporting its request for attorneys’ fees and costs; Biosearch filed objections to the reasonableness

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of those fees and costs in response. See Dkt. Nos. 373, 386.

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On September 18, 2012, Judge Alsup, by stipulation of the parties, ordered that “the claims

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of Life against [Biosearch] and the counterclaims of [Biosearch] against Life in this lawsuit are

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dismissed without prejudice. . . . Life and [Biosearch] bear their own attorneys’ fees and costs

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incurred in connection with the prosecution and defense of this lawsuit.” Order Dismissing

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Biosearch, Dkt. No. 435. In light of this order, Life Tech’s request for attorneys’ fees and costs is

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denied without prejudice.

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IT IS SO ORDERED

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Dated: October 2, 2012

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___________________________

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JOSEPH C. SPERO
United States Magistrate Judge

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For the Northern District of California

United States District Court

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