Celsis In Vitro, Inc. v. CellzDirect, Inc. et al

Filing 419

MEMORANDUM Order: The litigants' counsel are ordered to file either individual supplements or a joint supplement in that regard to their already-tendered submissions on those other motions, such supplement or supplements to be filed on or before February 2, 2015. (For further details see Memorandum Order) Signed by the Honorable Milton I. Shadur on 1/20/2015:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CELSIS IN VITRO, INC.,
Plaintiff,
v.
CELLZDIRECT, INC., a Delaware
Corporation and wholly-owned subsidiary
of INVITROGEN CORPORATION;
and INVITROGEN CORPORATION,
a Delaware Corporation,
Defendants.

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Case No. 10 C 4053

MEMORANDUM ORDER
In accordance with the litigants' joint stipulation filed January 15, 2015, this Court orders
the entry of a judgment that the method used by defendants to manufacture lot numbers
HuP2002-02, HuP2003-01, HuP2003 and HuP2004, and the method used by third party
APSciences to manufacture lot number HuP95, infringed at least claim 1 of U.S. Patent
No. 7,604,929. In accordance with the purpose of that stipulation and Fed. R. Civ. P. ("Rule")
54(b), this Court directs the entry of a final judgment in that respect and expressly determines
that there is no just reason for delay.
As is also specified in the parties' joint stipulation, plaintiff has withdrawn its corrected
motion for sanctions for defendant's asserted spoliation of previously enjoined vials of products
made by the original method (Dkt. 387). That said, the continued pendency of other motions in
the case, coupled with its general complexity, makes it useful for counsel for the parties to file
brief statements specifying any respects in which the issues posed by those other motions are
impacted by the parties' current stipulation or by the withdrawal of the sanctions motion.

Accordingly the litigants' counsel are ordered to file either individual supplements or a joint
supplement in that regard to their already-tendered submissions on those other motions, such
supplement or supplements to be filed on or before February 2, 2015.

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Milton I. Shadur
Senior United States District Judge
Date: January 20, 2015

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