Abbott Laboratories et al v. Agamatrix, Inc.

Filing 105

ORDER GRANTING 103 JOINT MOTION TO VACATE HEARING ON ORDER TO SHOW CAUSE AND SET CASE MANAGEMENT CONFERENCE. Case Management Conference set for 5/21/2010 at 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 4/14/2010. (jflc2, COURT STAFF) (Filed on 4/21/2010)

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ROHIT SINGLA (#213057) MUNGER, TOLLES & OLSON LLP 560 Mission Street San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs ABBOTT DIABETES CARE INC. AND ABBOTT LABORATORIES,

**E-Filed 4/21/2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

ABBOTT DIABETES CARE INC. and ABBOTT LABORATORIES,, Plaintiffs, vs. AGAMATRIX, INC., Defendant.

CASE NO. C 06 07268-JF ORDER GRANTING JOINT MOTION TO VACATE HEARING ON ORDER TO SHOW CAUSE AND SET CASE MANAGEMENT CONFERENCE

10426522.1

JOINT MOTION TO SET CMC C 06 07268 JF

N

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 IT IS SO ORDERED. Dated: 4/14/2010 O DATED: April 13, 2010 DATED: April 13, 2010 MUNGER, TOLLES & OLSON, LLP ROHIT SINGLA By: /s/ Rohit Singla ROHIT SINGLA n October 2, 2008, the Court granted the parties request to stay this matter pending the outcome of appeals in Abbott Diabetes Care, Inc. et al. v. Roche Diagnostics Corp, et al., C`ase No. 3:05-CV-03117 WHA and TheraSense, Inc. and Abbott Laboratories v. Becton Dickinson and Co. and related cases, Case Nos. C04-2123 WHA, C04-3327 WHA, C04-3732 WHA. A petition of rehearing en banc and potential petitions for certiorari remain pending in those appeals. On March 25, 2010, this Court issued an Order to Show Cause why this case should not be dismissed with a return date of April 23, 2010. The parties jointly request that the Order to Show Cause be taken off calendar and that instead a case management conference be set for Friday, May 21, 2010. The brief delay in the CMC is requested to give the parties a short period to determine whether a settlement of this litigation is possible given the outcome of the appeals to date. The parties are currently discussing a concrete proposal that would resolve this entire case.

Attorneys for Plaintiffs ABBOTT DIABETES CARE INC. and ABBOTT LABORATORIES GOODWIN PROCTOR LLP J. ANTHONY DOWNS (pro hac vice) By: /s/ J. Anthony Downs J. ANTHONY DOWNS Attorneys for Defendant AGAMATRIX, INC. ______________________________ JEREMY FOGEL United States District Judge