Free Patent/Trademark Report to Commissioner - District Court of Delaware - Delaware

Case 1:98-cv-00478-SLR
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Document 374-2

Filed 02/01/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

MEDTRONIC VASCULAR, INC., Plaintiff,
v.

C. A. No. 98-478-SLR

BOSTON SCIENTIFIC CORPORATION, BOSTON SCIENTIFIC SCIMED, INC. (formerly known as SCIMED LIFE SYSTEMS, INC.), and MEDINOL, LTD., Defendants.

FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 54(b)

Pursuant to this Court's January 5,2005 Memorandum Order (D.!. 337) construing the claims ofD.S. Patent Nos. 5,292,331; 5,674,278; 5,879,382; and 6,344,053 (collectively, "the patents-in-suit"); January 5, 2005 Memorandum Opinion (D.1. 338) and Order (D.!. 339) granting Defendants' motion for summary judgment with respect to non-infringement (D.1. 248), denying Plaintiffs motion for partial summary judgment of literal infringement of claim 1 ofD.S. Patent No. 5,879,382 and claim 27 of U.S. Patent No. 6,344,053 (D.1. 244), and denying Defendants' motion for partial summary judgment of invalidity (D.1. 242); and January 11,2005 Order (D.!. 345) granting the renewed motion for summary judgment of noninfringement by Defendant Medinol, Ltd. ("Medinol") (D.!. 224);

IT IS ORDERED AND ADJUDGED that final judgment be and is hereby entered in favor of Defendants Boston Scientific Corporation and Boston Scientific Scimed, Inc.

Case 1:98-cv-00478-SLR

Document 374-2

Filed 02/01/2008

Page 2 of 2

(collectively, "Boston Scientific") and Medinol and against Plaintiff Medtronic Vascular, Inc. ("Vascular") with respect to Boston Scientific's and Medinol's alleged infringement of the patents-in-suit.

IT IS FURTHER ORDERED AND ADJUDGED that Boston Scientific's and
Medinol's counterclaims for a declaratory judgment of patent invalidity and unenforceability of the patents-in-suit be and hereby is dismissed without prejudice.

IT IS FURTHER ORDERED AND ADJUDGED that Boston Scientific's
counterclaim for antitrust violation, which was previously stayed by the Court on April 19,2004 (D.!. 190), shall remain stayed pending appeal and until further order of the Court.

IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to Fed. R. Civ.
P. 54(d)(I) and D. Del. L.R. 54.1, Vascular shall pay Boston Scientific and Medinol their costs incurred in defending Vascular's claims based on the patents-in-suit.

IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to Fed. R. Civ.
P. 54(b), the Court expressly detennines that there is no just reason for delay in entering this final judgment until final detennination of all claims in the above-captioned action.

IT IS FURTHER ORDERED AND ADJUDGED that the Court expressly
directs the Clerk to enter this final judgment forthwith.

The Honorable S e L. Robmson Chief Judge U.S. District Court for the District ofDelawar

-k.& ~

~!J.J.5


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