Free Proposed Order - District Court of Delaware - Delaware

Case 1 :98-cv-00197-SLR Document 321 Filed 08/16/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

CORDIS CORPORATION, )
Plaintifti g
v. 3 C.A. No. 98-197-SLR
BOSTON SCIENTIFIC CORPORATION, g
and SCIMED LIFE SYSTEMS, INC., )
Defendants. i

STIPULATION AND ORDER
WHEREAS on May 2, 2005, the Court entered a final judgment (the "Judgment")
in favor of Boston Scientific Corporation and Boston Scientific Scimed, Inc. (formerly
Scimed Life Systems, Inc.) (collectively "BSC") (D.I. 307);
WHEREAS on May I2, 2005, BSC and Cordis Corporation ("Cordis") filed a
Stipulation and Order (the "Prior Stipulation") (D.I. 308), which provided that, if Cordis
timely appealed the Judgment, BSC would file and serve any motion for attorneys’ fees
and related expenses pursuant to 35 U.S.C. § 285 and Fed. R. Civ. P. 54(d)(2), and its
opening brief in support of that motion, on or before 30 days after the Federal Circuit
issues a mandate in this case;
WHEREAS on May I6, 2005, the Court signed the Prior Stipulation;
WHEREAS on May 27, 2005, Cordis timely appealed the Judgment (D.I. 309);
WHEREAS on July 20, 2006, the U.S. Court of Appeals for the Federal Circuit
issued as a mandate (the "Mandate") itsjudgment affirming—in-part and remanding the
case to the Court for supplemental findings on inequitable conduct (D.I. 319; D.I. 320);
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Case 1 :98-cv-00197-SLR Document 321 Filed 08/16/2006 Page 2 of 3
NOW, THEREFORE, IT IS HEREBY STIPULATED by Cordis and by BSC,
subject to the approval of the Court pursuant to Fed. R. Civ. P. 54(d)(2)(B), that:
I. Notwithstanding the Prior Stipulation and the issuance by the Federal
Circuit ofthe Mandate on July 20, 2006, any motion for attorneys’ fees and related
expenses which BSC may file pursuant to 35 U.S.C. § 285 and Fed. R. Civ. P. 54(d)(2)
shall not be due on or before 30 days after the issuance of the Mandate on July 20, 2006;
2. If there is another timely appeal in this case after the Court addresses the
issues raised by the Federal Circuit’s remand:
a. BSC shall file and serve any motion for attorneys’ fees and related
expenses pursuant to 35 U.S.C. § 285 and Fed. R. Civ. P. 54(d)(2), and its opening brief
in support of that motion, on or before 30 days after the Federal Circuit issues as a
mandate a final judgment in this case;
b. Cordis shall file and serve its answering brief in opposition to
BSC’s motion on or before 30 days after BSC files its motion and opening brief; and
c. BSC shall file and serve its reply brief in support of its motion on
or before I4 days after Cordis files its answering brief; and
3. If in the alternative, there is not another timely appeal in this case after the
Court addresses the issues raised by the Federal Circuit’s remand:
a. BSC shall file and serve any motion for attorneys’ fees and related
expenses pursuant to 35 U.S.C. § 285 and Fed. R. Civ. P. 54(d)(2), and its opening brief
in support of that motion, on or before 30 days after the time for appeal has expired;
b. Cordis shall file and serve its answering brief in opposition to
BSC’s motion on or before 30 days after BSC files its motion and opening brief; and
DBO2:5465486.l 2 9000020003

Case 1 :98-cv-00197-SLR Document 321 Filed 08/16/2006 Page 3 of 3
c. BSC shall file and serve its reply brief in support of its motion on
or before 14 days after Cordis files its answering brief
AGREED TO: I
ASHBY & GEDDES YOUNG CONAWAY STARGATT &
TAYLOR, LLP
/s/ Steven J. Balick /s/ Josy W. Ingersoll
Steven J. Balick (I.D. #2114) Josy W. Ingersoll (I.D. #1088)
John G. Day (LD. #2403) Karen E. Keller (I.D. #4489)
222 Delaware Avenue, 17th Floor The Brandywine Building
Wilmington, Delaware 19899 1000 West Street, 17th Floor
(302) 654-1888 Wilmington, Delaware 19899-0391
(302) 571-6600
Attorneys for Cordis Corporation Attorneys for Boston Scientific Corporation
and Boston Scientific Scimed, Inc.
Dated: August jg, 2006 (formerly Scimed Life Systems, Inc.)
Dated: August g, 2006
SO ORDERED this day of August, 2006
United States District Judge
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