Baxter Healthcare Corporation et al v. Becton, Dickinson, and Company

Filing 84

Order Granting 82 Joint Motion to Lift Stay. Signed by District Judge Robert S. Huie on 7/6/2022. (ave)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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BAXTER HEALTHCARE
CORPORATION and BAXTER
CORPORATION ENGLEWOOD,

Case No.: 3:17-CV-2186-RSH-RBB
ORDER GRANTING JOINT
MOTION TO LIFT STAY

Plaintiffs,
v.
BECTON, DICKINSON, AND
COMPANY,
Defendant.

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On May 21, 2019, the Court stayed this case pending inter partes review (“IPR”),

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including any appeal. ECF No. 69. On May 26, 2022, the parties filed a Joint Motion To

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Lift Stay (“Motion”). ECF No. 82. The parties indicated that the Patent Trial and Appeal

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Board issued Final Written Decisions, and all appeals have been exhausted. Id. ¶ 7. The

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Patent Office issued IPR Certificates cancelling all claims of U.S. Patent Nos. 9,474,693

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and 9,662,273, and all challenged claims of U.S. Patent No. 8,554,579. Id. ¶ 8. As a

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result, the parties report that Plaintiffs’ patent claims in this case have been extinguished,

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//

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3:17-CV-2186-RSH-RBB

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and they request that the stay be lifted in order to file motions to terminate this action. Id.

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¶ 9.

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In light of the foregoing, the Court GRANTS the Motion and HEREBY LIFTS

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THE STAY. The parties shall file joint or individual motions to terminate this lawsuit

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within thirty (30) days of the date of this Order.

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IT IS SO ORDERED.
Dated: July 6, 2022

____________________
Hon. Robert S. Huie
United States District Judge

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3:17-CV-2186-RSH-RBB