Advanced Cardiovascu v. Medtronic, Inc.

Filing 703

STIPULATION AND ORDER Regarding Statement of Recent Decision Extending Term of Patent Underlying Permanent Injunction. Signed by Judge D. Lowell Jensen on 10/15/08. (fs, COURT STAFF) (Filed on 10/15/2008)

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MCANDREWS, HELD & MALLOY, LTD. 500 West Madison Street, 34th Floor Chicago, Illinois 60661 Tel: [phone]; Fax: [phone] Edward A. Mas II (pro hac vice) [e-mail] David D. Headrick (pro hac vice) [e-mail] Scott P. McBride (pro hac vice) [e-mail] Kevin A. O'Connor (pro hac vice) [e-mail] FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 3300 Hillview Ave. Palo Alto, CA 94307-1203 Tel: [phone]; Fax: [phone] Robert F. McCauley III (Bar No. 162056) [e-mail] Attorneys for Plaintiff Advanced Cardiovascular Systems, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ADVANCED CARDIOVASCULAR SYSTEMS, INC., Plaintiff, v. MEDTRONIC, INC., Defendant.

C. A. No. 95-03577 DLJ STIPULATION AND ORDER REGARDING STATEMENT OF RECENT DECISION EXTENDING TERM OF PATENT UNDERLYING PERMANENT INJUNCTION

STIP. & [PROP.] ORDER RE STMT. OF RECENT DECISION C.A. NO. 95-03577 DLJ

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PURSUANT TO CIVIL L.R. 7-12, THE PARTIES TO THE ABOVE-ENTITLED CASE HEREBY STIPULATE AND AGREE AS FOLLOWS: WHEREAS Defendant's Motion to Modify Injunction After October 29, 2008 was heard before the Court on October 3, 2008, and is under submission for the Court's decision; WHEREAS the United States Patent Office published a decision that extends U.S. Patent No. 5,451,233 (the patent underlying the permanent injunction), pursuant to 35 U.S.C. § 156(e)(2), for a period of one year ("Interim Extension"), on or about October 14, 2008; WHEREAS because the noticed hearing date has passed, Civil L.R. 7-3(d) does not automatically permit the filing of a Statement of Recent Decision to supply the Court with the Patent Office's Interim Extension; WHEREAS, Plaintiff Advanced Cardiovascular Systems, Inc. (now Abbott Cardiovascular Systems, Inc.) is lodging (not filing) concurrently herewith for the Court's consideration a proposed Statement of Recent Decision, attaching a copy of the Patent Office's Interim Extension (as Exhibit A); IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that Plaintiff Abbott should be given LEAVE TO FILE a Statement of Recent Decision in the form lodged by Abbott to supply the Court with the Patent Office's decision. By his signature below, counsel for Plaintiff Abbott attests that counsel for Defendant concurred in the filing of this document.

Dated: October 14, 2008

MCANDREWS HELD & MALLOY By: /s/ Scott P. McBride__________________ Scott P. McBride Attorneys for Plaintiff ADVANCED CARDIOVASCULAR SYSTEMS, INC.

Dated: October 14, 2008

KEKER & VAN NEST, LLP By: /s/ Ashok Ramani__________________ Ashok Ramani Attorneys for Defendant MEDTRONIC, INC.
STIP. & [PROP.] ORDER RE STMT. OF RECENT DECISION C.A. NO. 95-03577 DLJ

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IT IS SO ORDERED. October 15, 2008 Honorable D. Lowell Jensen, Senior Judge

STIP. & [PROP.] ORDER RE STMT. OF RECENT DECISION C.A. NO. 95-03577 DLJ

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