Spinal Kinetics, Inc. v. Synthes USA, LLC

Filing 22

STIPULATION AND ORDER 21 to Stay Case. Case Stayed. Signed by Judge Lucy H. Koh for Judge Ronald M. Whyte on 1/24/12. (jg, COURT STAFF) (Filed on 1/25/2012)

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James W. Geriak (State Bar No. 32,871) [e-mail]
Allan W. Jansen (State Bar No. 81,992) [e-mail]
Ehab M. Samuel (State Bar No. 228,296) [e-mail]
Mark Stirrat (State Bar No. 229,448) [e-mail]
DICKSTEIN SHAPIRO LLP
2 Park Plaza, Suite 900
Irvine, CA 92614-8561
Telephone: [phone]
Facsimile: [phone]
Robert W. Dickerson (State Bar No. 89,367) [e-mail]
DICKSTEIN SHAPIRO LLP
2049 Century Park East, Suite 700
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and Counterdefendant
SPINAL KINETICS, INC.
Jeffrey M. Olson (State Bar No. 104,074) [e-mail]
Paul H. Meier (State Bar No. 115,999) [e-mail]
Samuel N. Tiu (State Bar No. 216,291) [e-mail]
Matthew S. Jorgenson (State Bar No. 229,131) [e-mail]
SIDLEY AUSTIN LLP
555 W. Fifth Street, Suite 4000
Los Angeles, California 90013
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and Counterclaimant
SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.))

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SPINAL KINETICS, INC.,

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Plaintiff,

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v.

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SYNTHES USA, LLC (f/k/a SYNTHES
(U.S.A.)),

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JOINT STIPULATION AND
[] ORDER TO STAY CASE

Defendant.

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CASE NO. 5:11-CV-03891 RMW

AND RELATED COUNTERCLAIMS.

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DOCSLA-87615v2

JOINT STIPULATION AND
[] ORDER TO STAY CASE

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The Case Management Conference in the present action is currently set for February 10,

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2012. (Docket No. 20). The parties are also currently required to file a Joint Case Management

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Statement by February 3, 2012. However, the present action is related to Northern District of

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California Case No. 5:09-CV-01201 RMW, styled Synthes USA, LLC (f/k/a Synthes (U.S.A.) v.

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Spinal Kinetics, Inc., which involves the same patent (i.e., U.S. Patent No. 7,429,270) as the sole

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patent-in-suit in the present case, and which was recently tried to a jury verdict in this Court.

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Because of the relatedness of these two actions, and to preserve the resources of the parties

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and this Court, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through

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their undersigned counsel of record, and subject to the approval of this Court, that the present action

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is stayed in all respects, and all current deadlines are vacated. Such stay shall continue until a

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judgment is entered in Northern District of California Case No. 5:09-CV-01201 RMW and until any

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appeal of that judgment has been decided by the United States Court of Appeals for the Federal

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Circuit, or until such other time as determined by the Court, including in response to a motion filed

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by either party to lift the stay.
Respectfully submitted,

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Dated: January 19, 2012

DICKSTEIN SHAPIRO LLP

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By:

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SIDLEY AUSTIN LLP

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By:

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/s/ Jeffrey M. Olson
Jeffrey M. Olson
Attorneys for Defendant and Counterclaimant
SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.))

PURSUANT TO STIPULATION, IT IS SO ORDERED:

UNIT
ED

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S DISTRICT
TE
C
TA

IT IS SO

NO
RT

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ER

, 2012

By:

cy H. K

oh

A

H

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Dated:

ED

ORDER

Judge Lu

RT
U
O

S

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R NIA

Dated: January 19, 2012

FO

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/s/ James W. Geriak
James W. Geriak
Attorneys for Plaintiff and Counterdefendant
SPINAL KINETICS, INC.

LI

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N

F
D IS T IC T O
R

C

Hon. Ronald M. Whyte
United States District Judge

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DOCSLA-87615v2

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JOINT STIPULATION AND
[] ORDER TO STAY CASE

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Pursuant to General Order No. 45, Section X(B), I attest under penalty of perjury that

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concurrence in the filing of this document has been obtained from Jeffrey M. Olson, counsel of

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record for Synthes USA, LLC (f/k/a Synthes (U.S.A.)).

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Respectfully submitted,
Dated: January 19, 2012

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DICKSTEIN SHAPIRO LLP
By:

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/s/ James W. Geriak
James W. Geriak
Attorneys for Plaintiff and Counterdefendant
SPINAL KINETICS, INC.

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DOCSLA-87615v2

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JOINT STIPULATION AND
[] ORDER TO STAY CASE