Free Motion for Judgment as a Matter of Law - District Court of Delaware - Delaware

Case 1 :05-cv-00045-SLR Document 13 Filed 08/19/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MEDTRONIC, INC., g
P1¤i¤iif`fL 3 c. A. N0. 05-as (sen)
v. )
)
EDWARDS LIFESCIENCES CORP. and )
EDWARDS LIFESCIENCES LLC, g
Defendants. g
MOTION OF DEFENDANTS EDWARDS LIFESCIENCES CORP. AND EDWARDS
LIFESCHENCES LLC FOR JUDGMENT AS A MATTER OF LAW DISMISSING
PLAINTIFF’S DECLARATORY JUDGMENT ACTION
Defendants, Edwards Lifescienees Corp. and Edwards Lifesciences LLC ("Edwards"),
hereby move for judgment dismissing plaintiff s complaint for declaratory relief in its entirety.
In support of its motion, Edwards submits its accompanying Opening Brief in Support ofits
Motion for Judgment as a Matter of Law Dismissing Plaintiffs Deciaratory Judgment Action
and the Declaration of Philip A. Rovner. A proposed Order regarding Edwards’ motion to
dismiss is also attached.
POTTER ANDERSON & CORROON LLP
Phiiip A. Rovner (#3215)
Suzanne M. Hill (#4414)
Hercules Plaza
P. O. Box 951
Wilmington, DE 19899-0951
(30.2) 98445000
IE`.—mail: provirergrgpotteranderson.com
slril1@potterandersor1com
Dated: August 19, 2005 Attorneys for Dej%11danr.s,
Ec/rmrcls LU'e.sciences Corp and
E¢'1il·$’C!/“CIS Life.scie1rce.s LLC

Case 1:05-cv-00045-SLR Document 13 Filed 08/19/2005 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I, Philip A. Rovner, hereby certify that on August 19, 2005, the within
document was filed with the Clerk ofthe Court using CM/ECP which will send
notitication of such filir1g(s) to the following; that the document was served on the
following counsel as indicated; and that the document is available for viewing and
downloading from CM/ECF.
BY HAND DELIVERY
Karen Jacobs Loudon, Esql
Morris, Nichols, Arsht & Tunnell
1201 N. Market Street
P,O. Box 1347
Wilmington, DE 19899-1347
I hereby certify that on August 19, 2005 I have sent by Federal Express
the foregoing document to the following non-registered participant:
Darren B Schweibert, Esq,.
Fredrickson & Byron, PA.
200 South Sixth Street, Suite 4000
Minneapolis, MN 55402
l it/l
Philip A, Rovner (#3215)
Potter Anderson & Corroon LLP
Hercules Plaza
P,.O. Box 951
Wilmington, Delaware 19899
(302) 984-6000
E—maii: grovner@gotterandersoncom