Samuels v. TriVascular Corporation

Filing 32

STIPULATION AND ORDER re 31 STIPULATION WITH PROPOSED ORDER to Stay Case Pending Inter Partes Review (Joint Stipulation) filed by TriVascular Corporation. Case Management Statement due by 3/6/2014. Case Management Conference set for 3/14/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 8/28/13. (bpf, COURT STAFF) (Filed on 8/28/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DR. SHAUN L. W. SAMUELS
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Plaintiff,

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vs.

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TRIVASCULAR, INC.

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Defendant

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Case No.: CV-13-2261-EMC
[PROPOSED] ORDER GRANTING
JOINT STIPULATION TO STAY CASE
PENDING INTER PARTES REVIEW

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TRIVASCULAR, INC.
Counter-Claimant,

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vs.
DR. SHAUN L. W. SAMUELS

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Counter-Defendant

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Pursuant to the Joint Stipulation To Stay Case Pending Inter Partes Review, and the
Court having been fully advised, and good cause shown, the Court orders as follows:

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[PROPOSED] ORDER GRANTING
STAY PENDING INTER PARTES
REVIEW

Case No. CV-13-2261-EMC

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1. This case shall be stayed pending the PTAB’s decision on whether to grant

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TriVascular’s petition for inter partes review and thereby institute review of the

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’575 patent.

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2. The parties shall file a status report within ten days of the date on which the

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PTAB’s decision is rendered regarding the inter partes petition and shall file a
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copy of the decision as an attachment to the report. In the event the petition is not

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granted, the stay is lifted subject to further order of the Court.

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3. Should the PTAB institute inter partes review of the ’575 patent, the case shall be

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further stayed until the PTAB issues a final written decision.
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4. The parties shall file a status report within ten days of the date on which the

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PTAB’s final written decision is rendered and shall file a copy of the decision as

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an attachment to the report. Upon notice of issuance of the PTAB’s final written

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decision to the Court, the stay is lifted subject to further order of the Court.

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5. In addition, the parties shall file a status report every six months from the date of
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the Court’s order granting a stay of this case.

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6. Accordingly, all deadlines in the case are stayed, and the hearing on the motion to

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stay and initial case management conference on September 19, 2013 are vacated.

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Conference is rescheduled from 9/19/13 to 3/13/14 at 9:00 a.m.
statement shall be filed by 3/6/14.
8/28/13
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_______________________________
C
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HONORABLE EDWARD M. CHEN
United States District Court Judge

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RT

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en
d M. Ch
e Edwar
Judg
Case No. CV-13-2261-EMC

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[PROPOSED] ORDER GRANTING
STAY PENDING INTER PARTES
REVIEW

DERED
SO OR ED
IT IS
DIFI
AS MO

R NIA

DATED:

A joint CMC

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The Case Management

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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