ArthroCare Corporation v. Ethicon, Inc. et al

Filing 53

ORDER DISMISSING CASE: Such that 31 Amended Petition to Vacate/Modify Arbitration Award and to Stay Enforcement Award is DISMISSED with Prejudice, and 17 Motion to Confirm Arbitration Award and Dismiss Petition is GRANTED. Final Award of arbitrat ion panel is CONFIRMED and Ethicon, Inc., DePuy Mitek, Inc., Gyres Medical Ltd., Gyrus Group, PLC shall have JUDGMENT against ArthroCare Corporation in the amount of $16,687,565.00. Each party shall bear their own costs, attorney fees and expenses. Signed by Judge Saundra Brown Armstrong, on 12/24/09. (lrc, COURT STAFF) (Filed on 12/28/2009) Modified on 12/30/2009 (jlm, COURT STAFF).

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Simon J. Frankel, SB #171552 ([e-mail]) COVINGTON & BURLING LLP One Front Street San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorney for Respondents ETHICON, INC. and DEPUY MITEK, INC. Susan van Keulen, SB #136060 ([e-mail]) O'MELVENY & MYERS LLP 2765 Sand Hill Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Respondents GYRUS MEDICAL, LTD. and GYRUS GROUP, PLC JARED BOBROW (Bar No. 133712) [e-mail] WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Petitioner ARTHROCARE CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION In the matter of the Arbitration between ARTHROCARE CORPORATION Petitioner, and ETHICON, INC., DEPUY MITEK, INC., GYRUS MEDICAL, LTD., and GYRUS GROUP, PLC. Respondents. [PROPOSED] ORDER
[PROPOSED] ORDER REGARDING JOINT STIPULATION TO DISMISS WITH PREJUDICE PETITION TO VACATE, GRANT MOTION TO CONFIRM, AND ENTER JUDGMENT

CASE NO. CV 09-3216 SBA (BZ) [PROPOSED] ORDER REGARDING JOINT STIPULATION TO (1) DISMISS WITH PREJUDICE PETITION TO VACATE, (2) GRANT MOTION TO CONFIRM AND (3) ENTER JUDGMENT Judge: Saundra B. Armstrong

Case No. CV 09-3216 SBA (BZ)

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Upon consideration of the Joint Stipulation to Dismiss With Prejudice Petition to Vacate, Grant Motion to Confirm and Enter Judgment that was filed jointly by Ethicon, Inc., DePuy Mitek, Inc., Gyrus Medical Ltd., Gyrus Group, PLC and ArthroCare Corporation, it is hereby: ORDERED that ArthroCare's First Amended Petition to Vacate or Modify Arbitration Award and to Stay Enforcement of Award (Dkt. No. 31) is hereby DISMISSED WITH PREJUDICE. It is further ORDERED that Respondents' Motion to Confirm Arbitral Award and to Dismiss Petition (Dkt. No. 17) is hereby GRANTED, the Final Award of the arbitration panel is CONFIRMED and Ethicon, Inc., DePuy Mitek, Inc., Gyrus Medical Ltd., Gyrus Group, PLC shall have judgment against ArthroCare Corporation in the amount of $16,687,565.00. It is further ORDERED that all costs, expenses and attorney fees are to be borne by the party that incurred them, subject to the parties' agreement.

IT IS SO ORDERED.

__________________________________ HON. SAUNDRA B. ARMSTRONG U.S. DISTRICT COURT JUDGE

[PROPOSED] ORDER REGARDING JOINT STIPULATION TO DISMISS WITH PREJUDICE PETITION TO VACATE, GRANT MOTION TO CONFIRM, AND ENTER JUDGMENT

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Case No. CV 09-3216 SBA (BZ)