Free Stipulation - District Court of Delaware - Delaware

Case 1 :98-cv-00478-SLR Document 368 Filed O9/28/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT »
FOR THE DISTRICT OF DELAWARE
)
MEDTRONIC VASCULAR, INC., )
)
Plaintiff, )
)
v. ) `
) Civil Action No. 98-478-SLR
BOSTON SCIENTIFIC CORPORATION, )
BOSTON SCIENTIFIC SCIMED, INC. (formerly )
known as SCIMED LIFE SYSTEMS, INC.), and )
MEDINOL, LTD., )
)
Defendants. )

)
MEDTRONIC VASCULAR, INC., )
)
Plaintiff, )
)
v. )
) Civil Action No. 04-034-SLR
BOSTON SCIENTIFIC CORPORATION and )
BOSTON SCIENTIFIC SCIMED, INC. (formerly )
known as SCIMED LIFE SYSTEMS, INC.), )
)
Defendants. )

STIPULATION AND ORDER
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Medtronic
Vascular, Inc. ("Medtronic") and Defendants Boston Scientific Corporation and Boston
Scientific Scimed, Inc. (collectively, "BSC"), in response to the Court’s Order to Show Cause
dated September 20, 2007, that:
(l) In order to reduce the issues remaining in the captioned cases, BSC’s antitrust
counterclaims (Count H of the Counterclaims in BSC’s Answer to the Third Amended Complaint
DB01:2457464.l ¤s46¤4.mm

Case 1 :98-cv-00478-SLR Document 368 Filed O9/28/2007 Page 2 ot 3
in 98-478 (D.I. 161); Count II of the Counterclairns in BSC’s Answer to the Complaint in 04-034
(D.I. 10)) are hereby dismissed with prejudice; and
(2) Each party shall bear its own costs and att0meys’ fees as incurred with respect to
BSC’s antitrust counterclaims.
BSC expressly preserves its claim for costs and attomeys’ fees with respect to
Medtronic’s claim for patent infringement.
On February 18, 2005, BSC submitted a motion for attomeys’ fees (D.I. 355 in 98-478;
D.I. 171 in 04-034), which the Court indicated it would not address until after the Federal
Circuit’s review of the Court’s entry of summary judgment with respect to l\/Iedtronic’s claim for
patent infringement and after final judgment was entered. (D.I. 353 in 98-478; D.I. 169 in 04-
034). Atter the Federal Circuit affirmed the C0u1t’s entry of summary judgment, the Court
entered a stipulated Order on July 12, 2006, providing that any motion by BSC for attorneys’ fees
should be deferred until after resolution of BSC’s antitrust counterclaims and that any such
motion would be considered timely submitted if tiled by BSC within fourteen days after entiy of
final judgment on BSC’s antitrust counterclaims, (D.I. 365 in 98-478; D.I. 181 in 04-034).
Accordingly, any motion by BSC for attomeys’ fees must be tiled within fourteen days of
entry of this stipulated Order dismissing BSC’s antitrust counterclaims.
[SIGNATURES ON FOLLOWING PAGE]
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Case 1 :98-cv-00478-SLR Document 368 Filed O9/28/2007 Page 3 of 3
Dated: September 28, 2007
Momzts, NICHOLS, Ansnr & TUNNELL LLP Youwo CoNAwAY Srnnonrr & TAYLOR, LLP
/s/ Karen jacofis Lozafen /s/ Karen L. @asca[e 1
Karen Jacobs Louden (#2881) losy W. Ingersoll (l.D. #1088)
1201 N. Market Street Karen L. Pascale (#2903)
P.O. Box 1347 The Brandywine Building
Wilmington, DE 19899 1000 West Street, 17th Floor `
(302) 658-9200 Wilmington, DE 19801
[email protected] (3 02) 571 -6600
Attorneys for plaintn kr rscr lr@r¤S*—¤¤m
Medtronic Vascular, Inc. Attorneys for Dejenalants
Boston Sciennjic Corp. and
Boston Scientyic Scirneal Inc
IT IS SO ORDERED this day of , 2007.
UNITED STATES DISTRICT JUDGE
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