Hologic, Inc. et al v. SenoRx, Inc

Filing 248

ORDER 245 Granting Plaintiffs Permission to Bring Electronic Equipment and Exemplar Medical Devices Into the Court for the 10/15/08 Hearing. Signed by Judge Ronald M. Whyte on 10/14/08. (jg, COURT STAFF) (Filed on 10/14/2008)

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1 Henry C. Su (SBN 211202) suh@howrey.com 2 Katharine L. Altemus (SBN 227080) altemusk@howrey.com 3 HOWREY LLP 1950 University Avenue, 4th Floor 4 East Palo Alto, California 94303 Telephone: (650) 798-3500 5 Facsimile: (650) 798-3600 6 Robert Ruyak Matthew Wolf 7 Marc Cohn HOWREY LLP 8 1299 Pennsylvania Avenue, NW Washington, DC 20004 *E-FILED - 10/14/08* 9 Telephone: (202) 783-0800 Facsimile: (202) 383-6610 10 Attorneys for Plaintiffs 11 HOLOGIC, INC., CYTYC CORPORATION and HOLOGIC LP 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN JOSE DIVISION 15 HOLOGIC, INC., CYTYC CORPORATION, Case No. C08 00133 RMW (RS) 16 and HOLOGIC L.P., [] ORDER GRANTING Plaintiffs, PLAINTIFFS PERMISSION TO BRING 17 ELECTRONIC EQUIPMENT AND vs. EXEMPLAR MEDICAL DEVICES INTO 18 THE COURT FOR THE OCTOBER 15, 2008 MARKMAN HEARING 19 SENORX, INC., 20 21 22 23 Defendant. AND RELATED COUNTERCLAIMS. Having considered Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic L.P.'s request for 24 permission to bring electronic equipment and exemplar medical devices into the courtroom for the 25 hearing scheduled on October 15, 2008, at 2:00 p.m. before the Honorable Ronald M. Whyte, 26 27 28 [] Order Granting Plaintiffs' Request to Bring Equipment Into Court Case No. C08 00133 RMW (RS) DM_US:21523774_1 -1- 1 IT IS HEREBY ORDERED that Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic L.P. 2 may bring the following electronic equipment and exemplar medical devices into the Court on October 3 15, 2008 as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 2 Hologic MammoSite Balloon Applicators; 3 SenoRx Contura Multi-Lumen Balloon Applicators; Fluid used to fill each balloon device; 6 PDAs (Personal Digital Assistants); 6 cell phones; 4 computers; Multimedia projector; 2 speakers; Amplifier; 7 foot projection screen; A/B switch box; Laser pointer; and Associated wires, cables, peripherals, extension cords, power strips, adapters, and tools to install and connect the above equipment. Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic L.P.'s request is hereby GRANTED. 19 The equipment may be brought in and set up between 1 and 2 p.m. on October 15, 2008. 20 21 22 23 24 25 26 27 28 [] Order Granting Plaintiffs' Request to Bring Equipment Into Court Case No. C08 00133 RMW (RS) DM_US:21523774_1 IT IS SO ORDERED. 14 Dated: October ___, 2008 _________________________________ Honorable Ronald M. Whyte United States District Judge -2- 1 2 STATE OF CALIFORNIA 3 COUNTY OF SAN MATEO 4 PROOF OF SERVICE ) ) ) ss.: I am employed in the County of San Mateo, State of California. I am over the age of 18 and 5 not a party to the within action. My business address is 1950 University Avenue, 4th Floor, East Palo Alto, California 94303. 6 On October 8, 2008, I served on the interested parties in said action the within: 7 [PROPOSED] ORDER GRANTING PLAINTIFFS PERMISSION TO BRING ELECTRONIC EQUIPMENT AND EXEMPLAR MEDICAL DEVICES 8 INTO THE COURT FOR THE OCTOBER 15, 2008 MARKMAN HEARING 9 by placing a true copy thereof in a sealed envelope(s) addressed as stated below. 10 F.T. Alexandra Mahaney Aaron P. Maurer amaurer@wc.com 11 amahaney@wsgr.com Wilson Sonsini Goodrich & Rosati Adam D. Harber aharber@wc.com 12 12235 El Camino Real, Suite 200 San Diego, California 92130-3002 Bruce R. Genderson bgenderson@wc.com 13 Telephone: 858-350-2300 Facsimile: 858-350-2399 Williams & Connolly, LLP 725 12th Street, N.W. 14 Washington, D.C. 20005 Telephone: 202-434-5000 15 Facsimile: 202-434-5029 16 17 18 19 20 21 22 23 24 25 26 27 28 X X (MAIL) I am readily familiar with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. (OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by Federal Express, an express service carrier, or delivered to a courier or driver authorized by said express service carrier to receive documents, a true copy of the foregoing document in sealed envelopes or packages designated by the express service carrier, addressed as stated above, with fees for overnight delivery paid or provided for. (PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of addressee. (BY ELECTRONIC MAIL) I caused such document(s) to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the submission, any electronic message or other indication that the transmission was unsuccessful. (BY CM/ECF) I caused such document(s) to be sent via electronic mail through the Case Management/Electronic File system with the U.S. District Court for the Northern District of California. -3- X [] Order Granting Plaintiffs' Request to Bring Equipment Into Court Case No. C08 00133 RMW (RS) DM_US:21523774_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 [] Order Granting Plaintiffs' Request to Bring Equipment Into Court Case No. C08 00133 RMW (RS) DM_US:21523774_1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 8, 2008, at East Palo Alto, California. Tammy Miller (Type or print name) /s/ Tammy Miller (Signature) -4-

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