Boston Scientific Corporation et al v. Micrus Corporation

Filing 213

STIPULATION AND ORDER to Extend Deadline to Reply re 212 Stipulation filed by Boston Scientific Corporation, Target Therapeutics, Inc. Reply due 9/8/2008. Signed by Judge James Ware on 9/5/2008. (ecg, COURT STAFF) (Filed on 9/5/2008)

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

[SEE SIGNATURE PAGE FOR ATTORNEY NAMES]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BOSTON SCIENTIFIC CORP. and TARGET THERAPEUTICS, INC., Plaintiff, v. MICRUS CORPORATION, Defendant. Case No. C 04 04072 (JW) STIPULATION TO EXTEND DEADLINE FOR FILING OF BSC'S REPLY AND COUNTERCLAIMS TO THE FIRST AMENDED ANSWER AND COUNTERCLAIMS OF MICRUS CORPORATION AND [PROPOSED] ORDER

Pursuant to Civil Local Rules 6-1, 6-2, 7-11, and 7-12, plaintiffs Boston Scientific Corp. and Target Therapeutics, Inc. (collectively "BSC") and defendant Micrus Corporation ("Micrus") hereby request an order for an additional two-week extension of the deadline for BSC to respond to the First Amended Answer and Counterclaims of Micrus Corporation. The parties request this extension because they are in settlement discussions. BSC and Micrus have executed a NonBinding Term Sheet and are in the process of negotiating a final settlement agreement. Under the revised deadline, BSC's Reply and Counterclaims will be due on September 8, 2008. This request does not alter any other date set by the Court. Pursuant to General Order 45, § X(B), counsel for Boston Scientific attests under penalty of perjury that counsel for Micrus concurs in the filing of this stipulation.

Stipulation To Extend Deadline For Filing of BSC's Reply and Counterclaims to the First Amended Answer and Counterclaims of Micrus Corporation and [Proposed] Order

1

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
Stipulation To Extend Deadline For Filing of BSC's Reply and Counterclaims to the First Amended Answer and Counterclaims of Micrus Corporation and [Proposed] Order

Dated: August 22, 2008 BOSTON SCIENTIFIC CORP. and TARGET THERAPEUTICS, INC. MICRUS CORPORATION

By:

/s/ Heather P. Sobel

By:

/s/ Rip J. Finst

FOLGER LEVIN & KAHN LLP Michael F. Kelleher (Bar No. 165493) Embarcadero Center West 275 Battery Street, 23rd Floor San Francisco, CA 94111 Telephone: [phone] Fax: [phone] GOODWIN PROCTER LLP J. Anthony Downs (Pro Hac Vice) Roland H. Schwillinski (Pro Hac Vice) Michael G. Strapp (Pro Hac Vice) Heather P. Sobel (Pro Hac Vice) Exchange Place Boston, MA 02109-2881 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff

WEIL, GOTSHAL & MANGES LLP Douglas E. Lumish (Bar No. 183863) Rip J. Finst (Bar No. 234478) Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Fax: [phone] Attorneys for Defendant

2

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 September 2008 Dated: August __,5, 2008

[PROPOSED] ORDER Pursuant to stipulation, IT IS SO ORDERED.

____________________________________ Hon. James Ware United States District Judge

Stipulation To Extend Deadline For Filing of BSC's Reply and Counterclaims to the First Amended Answer and Counterclaims of Micrus Corporation and [Proposed] Order

3

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 4. 2.

SUPPORTING DECLARATION OF HEATHER P. SOBEL Pursuant to Civil L.R. 6-2, I, Heather P. Sobel, declare as follows 1. I am an associate in the law firm of Goodwin Procter LLP, a member in good standing of

the Bar of the Commonwealth of Massachusetts and counsel for plaintiffs Boston Scientific Corporation and Target Therapeutics, Inc. (collectively "BSC" or "Plaintiffs") in the abovecaptioned case. I have been admitted to practice before the Court pro hac vice for purposes of this action. The factual representations made in the above Stipulation are true. The parties have met

and conferred and agree that the schedule should be extended as requested above. 3. There has been only one prior modification to the schedule (a previous two-week

extension) for the filing of BSC's Reply and Counterclaims to the First Amended Answer and Counterclaims of Micrus Corporation. The requested time modification will not have any effect on the schedule set for the

remainder of the case. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed August 22, 2008 in Boston, Massachusetts.

/s/ Heather P. Sobel Heather P. Sobel

Stipulation To Extend Deadline For Filing of BSC's Reply and Counterclaims to the First Amended Answer and Counterclaims of Micrus Corporation and [Proposed] Order

4