Depomed, Inc. v. Lupin Pharmaceuticals, Inc. et al

Filing 68

STIPULATION AND ORDER FOR WITHDRAWAL OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AND DISMISS AND WITHDRAWAL OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re 67 Stipulation, filed by Depomed, Inc. Signed by Judge Phyllis J. Hamilton on 9/7/10. (nah, COURT STAFF) (Filed on 9/7/2010)

Depomed, Inc. v. Lupin Pharmaceuticals, Inc. et al

Doc. 68

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MCDERMOTT WILL & EMERY LLP

MCDERMOTT WILL & EMERY LLP WILLIAM G. GAEDE, III (136184) [e-mail] TERRANCE P. MCMAHON (071910) [e-mail] ANDREW A. KUMAMOTO (178541) [e-mail] 275 Middlefield Road, Suite 100 Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Depomed, Inc. RAKOCZY MOLINO MAZZOCHI SIWIK LLP PAUL J. MOLINO (Pro Hac Vice) [e-mail] WILLIAM A. RAKOCZY (Pro Hac Vice) [e-mail] THEODORE J. CHIACCHO (Pro Hac Vice) [e-mail] HEINZ J. SALMEN (Pro Hac Vice) [e-mail] 6 West Hubbard Street, Suite 500 Chicago, IL 60654 Telephone: [phone] Facsimile: [phone] DURIE TANGRI LLP DARALYN DURIE (169825) [e-mail] SONALI MAITRA (254896) [e-mail] 332 Pine Street, Suite 200 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Lupin Pharmaceuticals, Inc. and Lupin Ltd.

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION DEPOMED, INC., a California Corporation, Plaintiff, v. LUPIN PHARMACEUTICALS, INC., a Virginia Corporation, and LUPIN LIMITED, an Indian Corporation, Defendants. No. 09-CV-05587 PJH STIPULATION FOR WITHDRAWAL OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AND DISMISS THE CAUSE OF ACTION, COUNTERCLAIMS, AND AFFIRMATIVE DEFENSES RELATED TO U.S. PATENT NO. 6,723,340, AND WITHDRAWAL OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT OF THE `340 PATENT

DM_US 26476728-1.082221.0015

STIPULATION AND ORDER WITHDRAWING PLTF'S M/AMEND COMPLAINT AND DEFTS' M/SUMMARY JUDGMENT

CASE NO. 09-CV-05587 PJH

Dockets.Justia.com

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MCDERMOTT WILL & EMERY LLP

STIPULATION WHEREAS, on August 2, 2010, Plaintiff filed a Motion for Leave to Amend its Complaint to Dismiss the Second Cause of Action related to U.S. Patent No. 6,723,340 (the "340 Patent"), and to dismiss Defendants' counterclaims and affirmative defenses related thereto, Dkt No. 53, and Plaintiff's motion is presently set to be heard September 15, 2010; WHEREAS, on August 25, 2010, Defendants filed under seal an Opposition to Plaintiff's Motion to Amend and a Motion for Summary Judgment of Noninfringement of the `340 Patent, Dkt. No. 64, and Defendant's motion is presently noticed to be heard September 29, 2010; WHEREAS, counsel conferred and agreed that Plaintiff will grant Defendants a covenant not to sue related to the `340 Patent, as described in an August 30, 2010, letter from William Gaede to Paul Molino, and as amended in a September 1, 2010, letter from William Rakoczy to William Gaede, to resolve these motions; IT IS HEREBY STIPULATED, by and between the parties hereto, through their respective counsel, that Plaintiff's Motion for Leave to Amend Its Complaint filed August 2, 2010, and Defendants' Motion for Summary Judgment filed under seal August 25, 2010, be withdrawn, and that the hearings related thereto be vacated from the Court's calendar. SO STIPULATED this 3rd day of September 2010. MCDERMOTT WILL & EMERY LLP RAKOCZY MOLINO MAZZOCHI SIWIK LLP

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/s/ William G. Gaede, III William G. Gaede, III Attorneys for Depomed, Inc.

By:

/s/ Paul J. Molino Paul J. Molino Attorneys for Lupin Limited and Lupin Pharmaceuticals, Inc.

SIGNATURE ATTESTATION Pursuant to General Order 45.X(B), I hereby attest that concurrence has been obtained from Paul Molino indicated by a "conformed" signature (/s/) within this e-filed document. /s/ William G. Gaede, III William G. Gaede, III

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STIPULATION AND ORDER WITHDRAWING PLTF'S M/AMEND COMPLAINT AND DEFTS' M/SUMMARY JUDGMENT

CASE NO. 09-CV-05587 PJH

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MCDERMOTT WILL & EMERY LLP

-oOoPURSUANT TO STIPULATION, IT IS SO ORDERED.
ISTRIC ES D TC AT T

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HONORABLE PHYLLIS J. HAMILTON United States RDERED Court Judge District SO O
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Judge P hyllis J. Hamilto n

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DATED: 9/7/10

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STIPULATION AND ORDER WITHDRAWING PLTF'S M/AMEND COMPLAINT AND DEFTS' M/SUMMARY JUDGMENT

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