Boston Scientific Corporation et al v. Micrus Corporation

Filing 218

STIPULATION AND ORDER of Dismissal with Prejudice as to Defendant Micrus Corporation Pursuant to FRCP 41(a)(1)(ii) and 41(c) re 217 Stipulation filed by Micrus Corporation. Signed by Judge James Ware on 10/8/2008. (ecg, COURT STAFF) (Filed on 10/8/2008)

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UNITED STATES DISTRICT COURT E R NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BOSTON SCIENTIFIC CORP. and TARGET THERAPEUTICS, INC., Plaintiff and Counterdefendant, v. MICRUS CORPORATION, Defendant and Counterclaimant.

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Case No. C 04- 04072 (JW) STIPULATION OF DISMISSAL WITH PREJUDICE BETWEEN BOSTON SCIENTIFIC AND MICRUS AND [PROPOSED] ORDER

Pursuant to Fed. R. Civ. P. 41(a)(1)(ii) and 41(c), the plaintiffs, Boston Scientific Corp. and Target Therapeutics, Inc., and defendant Micrus Corporation, hereby move for an order dismissing the above-entitled action, including all claims and counterclaims, in its entirety, with prejudice, with each party to bear its own costs, expenses and attorneys fees. The parties

respectfully request that the Court retain jurisdiction to enforce the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 381-82 (1994). dismissal. IT IS SO STIPULATED. The parties waive all right to appeal from this Stipulation and

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Consent to the entry of the foregoing dismissal and attached [Proposed] Order is hereby acknowledged. Pursuant to General Order 45, § X(B), counsel for Micrus attests under penalty of perjury that counsel for Boston Scientific concurs in the filing of this stipulation. Dated: October 3, 2008 BOSTON SCIENTIFIC CORP. and TARGET THERAPEUTICS, INC. By: /s/ Roland H. Schwillinski 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] Fax: [phone] Attorneys for Defendant and Counterclaimant 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 and Counterdefendant MICRUS CORPORATION

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

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[PROPOSED] ORDER Pursuant to stipulation, IT IS HEREBY ORDERED: This case is dismissed with prejudice. Each party shall bear its own attorneys' fees and costs.

Dated:

October 8,82008 October ____, 2008
Hon. James Ware United States District Judge

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