Abbott Laboratories et al v. Medtronic, Inc. et al

Filing 38

STIPULATION AND ORDER re 37 Stipulation,, filed by Abbott Cardiovascular Systems Inc., Abbott Laboratories. Initial Case Management Conference set for 3/6/2009 02:00 PM (following the Motion Hearing on the same date). Defendant Medtronic Inc. and Medtronic Vascular, Inc. Motion to Stay Proceedings Pending PTO Review of Patent Term Extension Application Hearing set for 3/6/2009 02:00 PM in Courtroom 1, 4th Floor, Oakland. The 2/13/09 Motion Hearing date is VACATED. The 3/13/09 Case Management Conference date is VACATED.. Signed by Judge D. Lowell Jensen on 1/20/09. (fs, COURT STAFF) (Filed on 1/20/2009)

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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 MCANDREWS, HELD & MALLOY, LTD. 500 West Madison Street, 34th Floor Chicago, Illinois 60661 Tel: (312) 775-8000; Fax: (312) 775-8100 Edward A. Mas II (pro hac vice) emas@mcandrews-ip.com David D. Headrick (pro hac vice) dheadrick@mcandrews-ip.com Scott P. McBride (pro hac vice) smcbride@mcandrews-ip.com Kevin A. O'Connor (pro hac vice) koconnor@mcandrews-ip.com Attorneys for Plaintiffs Abbott Laboratories, Inc. and Abbott Cardiovascular Systems Inc. DECHERT LLP 2440 W. El Camino Real, Suite 700 Mountain View, CA 94040 Tel: (650) 813-4811; Fax: (650) 813-4848 James J. Elacqua - # 187897 james.elacqua@dechert.com Noemi C. Espinosa - # 116753 nicky.espinosa@dechert.com Hieu H. Phan - # 218216 hieu.phan@dechert.com Tina P. SORIANO - # 254777 tina.soriano@dechert.com Attorneys for Defendants Medtronic, Inc. and Medtronic Vascular, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ABBOTT LABORATORIES, INC. and ABBOTT CARDIOVASCULAR SYSTEMS INC., Plaintiffs, v. MEDTRONIC, INC. and MEDTRONIC VASCULAR, INC. Defendants. C. A. No. 08-04962 DLJ _________________ STIPULATION AND ORDER (1) CONTINUING HEARING ON DEFENDANTS' MOTION TO STAY; AND (2) MODIFYING THE DATE OF THE CASE MANAGEMENT CONFERENCE STIPULATION AND ORDER CASE NO. 08-04962 DLJ 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 PURSUANT TO CIVIL L.R. 7-12, THE PARTIES TO THE ABOVE-ENTITLED CASE HEREBY STIPULATE AND AGREE AS FOLLOWS: WHEREAS, on November 19, 2008, notice was given that the Case Management Conference was scheduled for Friday, March 13, 2009 at 1:30 p.m.; WHEREAS, on January 7, 2009, Defendants Medtronic, Inc. and Medtronic Vascular, Inc. (collectively, "Medtronic") filed a Notice of Motion and Motion to Stay Proceedings Pending PTO Review of Patent Term Extension Application ("Motion to Stay"), noticing the hearing for February 13, 2009, at 2:00 p.m.; WHEREAS, counsel for Plaintiffs Abbott Laboratories, Inc. and Abbott Cardiovascular Systems Inc. ("Abbott"), and Medtronic have consulted, and the current hearing date of February 13, 2009 presents scheduling conflicts for counsel for Abbott; WHEREAS, the first suitable hearing date for Medtronic's Motion to Stay for counsel for all parties is March 6, 2009; WHEREAS, the parties have counsel and/or other representatives traveling to this Court from locations outside of northern California for (1) the hearing on Medtronic's Motion to Stay, and (2) the Case Management Conference (currently scheduled for March 13, 2009); WHEREAS, it is in the interests of both parties to schedule the hearing on Medtronic's Motion to Stay and the Case Management Conference on the same day; WHEREAS, the time modifications requested below will not have an appreciable effect on the schedule for this action; IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that 1. The hearing on Medtronic's Motion to Stay should be continued to FRIDAY, MARCH 6, 2009, at 2:00 P.M. before Judge D. Lowell Jensen in Dept. 1, 4th Floor at 1301 Clay Street, Oakland, California; and 2. The scheduled date for Case Management Conference should be shortened by seven (7) days to FRIDAY, MARCH 6, 2009, at 2:00 P.M. before Judge D. Lowell Jensen in Dept. 1, 4th Floor at 1301 Clay Street, Oakland, California. 1 STIPULATION AND ORDER CASE NO. 08-04962 DLJ 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 Dated: January 20, 2009 Dated: January 21, 2009 Dated: January 21, 2009 Respectfully submitted, McANDREWS, HELD & MALLOY, LTD. /s/ Scott P. McBride Scott P. McBride (Pro Hac Vice) Attorneys for Plaintiffs Abbott Laboratories, Inc. Abbott Cardiovascular Systems Inc. DECHERT LLP /s/ James J. Elacqua James J. Elacqua Attorneys for Defendants Medtronic, Inc. Medtronic Vascular, Inc. PURSUANT TO STIPULATION, IT IS SO ORDERED. Honorable D. Lowell Jensen Senior Judge United States District Court 2 STIPULATION AND ORDER CASE NO. 08-04962 DLJ

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