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

Filing 70

STIPULATION AND ORDER REGARDING JOINT CLAIM CONSTRUCTION STATEMENT AND CONSTRUCTION OF TERM re 69 Stipulation filed by Lupin Limited, Lupin Pharmaceuticals, Inc. Signed by Judge Phyllis J. Hamilton on 9/30/10. (nah, COURT STAFF) (Filed on 9/30/2010)

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DURIE TANGRI LLP DARALYN J. DURIE (SBN 169825) [e-mail] SONALI D. MAITRA (SBN 254896) [e-mail] 217 Leidesdorff Street San Francisco, CA 94111 Telephone: [phone] Facsimile: 415-236-6300 RAKOCZY MOLINO MAZZOCHI SIWIK LLP WILLIAM A. RAKOCZY (Pro Hac Vice) [e-mail] PAUL J. MOLINO (Pro Hac Vice) [e-mail] 6 West Hubbard Street, Suite 500 Chicago, Illinois 60654 Telephone: [phone] Facsimile: 312-222-6321 Attorneys for Defendants and Counterclaimants LUPIN PHARMACEUTICALS, INC. a Virginia corporation, and LUPIN LIMITED, an Indian corporation 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. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DEPOMED, INC., a California corporation, Plaintiff and Counterdefendant, v. LUPIN PHARMACEUTICALS, INC., a Virginia corporation, and LUPIN LIMITED, an Indian corporation, Defendants and Counterclaimants. Case No. 4:09-cv-05587-PJH STIPULATION AND [PROPOSED]ORDER REGARDING JOINT CLAIM CONSTRUCATION STATEMENT AND CONSTRUCTION OF TERM

STIP AND [PROPOSED] ORDER RE JOINT CLAIM CONSTRUCTION STATEMENT AND CONSTRUCTION OF TERM / CASE NO. 4:09-CV-05587-PJH

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WHEREAS, the parties have worked diligently to complete the Joint Claim Construction Statement presently due on September 29, 2010 and believe that additional time will allow them to simplify the issues before the Court, IT IS HEREBY STIPULATED, by and between the parties hereto, through their respective counsel, as follows: 1. The date on which the Joint Claim Construction Statement is due for all claim terms

disclosed in the parties original Patent L.R. 4-1 disclosures shall be extended from September 29, 2010 to October 1, 2010; and 2. For the claim term "until all of said drug is released" that was subsequently disclosed by

defendants as a term to be construed, the parties shall have until October 15, 2010 to file an amended Joint Claim Construction Statement that will address this claim term only. Dated: September 29, 2010 DURIE TANGRI LLP By: /s/ Sonali D. Maitra DARALYN J. DURIE SONALI D. MAITRA Attorneys for Defendants and Counterclaimants LUPIN PHARMACEUTICALS, INC. a Virginia corporation, and LUPIN LIMITED, an Indian corporation Dated: September 29, 2010 McDERMOTT WILL & EMERY LLP By: /s/ William G. Gaede, III WILLIAM G. GAEDE, III Attorneys for Plaintiff and Counterdefendant Depomed, Inc.

1 STIP AND [PROPOSED] ORDER RE JOINT CLAIM CONSTRUCTION STATEMENT AND CONSTRUCTION OF TERM / CASE NO. 4:09-CV-05587-PJH

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FILER'S ATTESTATION Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Sonali D. Maitra, attest that concurrence in the filing of this document has been obtained. Dated: September 29, 2010 /s/ Sonali D. Maitra SONALI D. MAITRA [PROPOSED] ORDER Upon stipulation of the parties and good cause appearing therefore, IT IS SO ORDERED.
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HON. PHYLLISERED O ORD J. HAMILTON IT IS S UNITED STATES DISTRICT COURT JUDGE
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Dated: ___________________ 9/30/10

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