Lexion Med Inc v. Northgate Tech Inc, et al

Filing 321

MOTION by Plaintiff Lexion Medical Inc., Defendants Northgate Technologies, Inc., Smith & Nephew Inc, Linvatec Corporation for judgment (Second Joint Motion to Enter Final Judgment) (Attachments: # 1 Exhibit A)(Wille, David)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LEXION MEDICAL, LLC., Plaintiff v. NORTHGATE TECHNOLOGIES, INC., SMITH & NEPHEW, INC. and LINVATEC CORPORATION Defendants ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 04-CV-5705 Hon. Charles P. Kocoras

SECOND JOINT MOTION TO ENTER FINAL JUDGMENT Lexion Medical, LLC (Lexion) and Northgate Technologies, Inc., Smith & Nephew, Inc., and Linvatec Corporation (collectively, Defendants) hereby move the Court to enter a final judgment in this matter. This Court granted summary judgment of infringement on April 27, 2009. At a status hearing on June 18, 2009, this Court made further rulings that restrict the scope of the injunction. Specifically, this Court ruled in favor of Northgate with respect to the

differences between the parties that are reflected in the June 5th Joint Motion to Enter Final Judgment. The parties agree that a final judgment may be entered in this matter consistent with the summary judgment, the rulings at the June 18 hearing, and the mandate of the Court of Appeals for the Federal Circuit in its August 28, 2008 opinion in this matter. The parties agree on the terms of the final judgment, taking into account this Court's rulings. The "Proposed Order of Final Judgment" attached as Exhibit A includes the agreedupon language. The parties respectfully request this Court to enter a final judgment in this matter in the form of Exhibit A.

1

DATED: July 7, 2009

Respectfully submitted, /s/ David G. Wille____________ David G. Wille Email: [e-mail] David O. Taylor Email: [e-mail] BAKER BOTTS L.L.P. 2001 Ross Avenue Dallas, Texas 75201 [phone] Telephone [phone] Facsimile Annette M. McGarry Email: [e-mail] MCGARRY & MCGARRY 120 North LaSalle Street Suite 1100 Chicago, IL 60602 [phone] Telephone [phone] Facsimile ATTORNEYS FOR PLAINTIFF LEXION MEDICAL, INC. /s/ Timothy P. Lucier (w/permission)_ Timothy Q. Delaney Email: [e-mail] Timothy P. Lucier Email: [e-mail] Laura A. Lydigsen Email: [e-mail] BRINKS HOFER GILSON & LIONE 455 N. Cityfront Plaza Dr. Chicago, IL 60611 [phone] Telephone [phone] Facsimile ATTORNEYS FOR DEFENDANTS, NORTHGATE TECHNOLOGIES, INC. SMITH & NEPHEW, INC. LINVATEC CORPORATION

2

CERTIFICATE OF SERVICE This document was served in compliance with the agreements between counsel in the case on July 7, 2009. /s David G. Wille David G. Wille

3