MarcTec, LLC v. Johnson & Johnson et al

Filing 200

ORDER,GRANTING 198 Consent MOTION for Leave to File A Corrected Declaration and Motion Under 35 U.S.C. 285 filed by Johnson & Johnson, Cordis Corporation. Plaintiff is ALLOWED up to and including August 12, 2009 to file a Response to 187 S EALED MOTION Defendants' Motion to Declare This Case Exceptional and Award Their Reasonable Attorney and Expert Fees filed by Johnson & Johnson, Cordis Corporation. Defendants' Reply, if any, is due on or before September 8, 2009. Signed by Chief Judge David R. Herndon on 7/27/2009. (djm)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS MARCTEC, LLC, Plaintiff, v. JOHNSON & JOHNSON and CORDIS CORPORATION, Defendants. ORDER HERNDON, Chief Judge: Before the Court is Defendants' Motion for Leave to File a Corrected Declaration and Motion Under 35 U.S.C. § 285 (Doc. 198). Defendants represent that (a) an amended Declaration and Motion Under 35 U.S.C. § 285 is necessary to correct inadvertent mathematical errors; and (b) Plaintiff has consented to the Motion. For good cause shown, Defendants' Motion is GRANTED. Defendants are ALLOWED leave to file the Corrected Declaration and Motion Under 35 U.S.C. § 285. Moreover, pursuant to a Stipulation of the Parties (Doc. 194), Plaintiff's Response to Defendants' Motion to Declare the Case Exceptional and Award Reasonable Attorneys Fees and Expert Fees (Doc. 187) is due on or before August 12, 2009. Defendants' Reply, if any, is due on or before September 8, 2009. IT IS SO ORDERED. Signed this 27th day of July, 2009. /s/ DavidRHer|do| Chief Judge United States District Court Case No. 07-cv-825-DRH