Free Stipulation - District Court of Delaware - Delaware

Case 1 :05-cv-OOO28—Gl\/IS Document 30 Filed 06/O2/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
REX MEDICAL L.P.,
Piaimirr, f
V : C.A. No. 05-028-GMS
DATASCOPE CORP.,
Defendant. S
STIPULATION AND ORDER STAYING CASE
WHEREAS, the parties have attempted to settle this action and believe the
resolution of a patent action involving products at issue in this action, which other action is
styled as The Johns Hopkins University and Arrow Interncztional, Inc. v. Damscope Corporation,
Civil Action N0. DWO 05-CV-0759 (U. S. D. C., D. Md.) (the "Patent Action”), may facilitate
their attempts to settle this action in its entirety.
WHEREAS, the parties agree that this litigation will proceed most efficiently for
the parties and for the Court if this litigation is stayed on the terms set forth below until 90 days
after the disposition of the Patent Action in the district court, whether by motion, verdict,
judgment or settlement.
DB0l:2lO7302.4 0639:;;.1001

Case 1:05-cv-OOO28—Gl\/IS Document 30 Filed 06/O2/2006 Page 2 of 3
NOW, THEREFORE, the parties hereby stipulate and agree, subject to the
approval of the Court, as follows:
l. This action shall be and hereby is stayed in its entirety.
2. The stay provided herein shall expire without any further action by the
parties or the Court on the ninetieth (90th) day after the disposition of the Patent Action in the
district court, whether by motion, verdict, judgment or settlement and the parties in this action
shall meet and confer within those ninety (90) days to determine if they can negotiate a
settlement of this action.
3. Also, at any time prior to the time the stay expires in accordance with
paragraph 2 above, either party may request in writing that the Court lift the stay for good cause
and request a conference to obtain an Amended Scheduling Order for trial of this matter. Any
such request shall be unopposed provided that the party requesting that the stay be lifted gives
written notice to the other party of its intent to make such a request in writing, ninety (90) days
prior to making the request.
4. lf the parties in this action have not reached a settlement of this action by
the time the stay expires in accordance with paragraph 2 above, the parties will so notify the
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osoizziovsoz.4 0629224001

Case 1:05-cv-OOO28—G|\/IS Document 30 Filed 06/O2/2006 Page 3 of 3 A
Court and request a conference to obtain an Amended Scheduling Order for trial of this matter.
/s/ Gregory B. Williams /s/ Rolin P. Bissell
Gregory B. Williams(# 4195) Rolin P. Bissell (# 4478)
Sheldon K. Rennie (#3 772) Michele Sherretta (#4651)
FOX ROTHSCHILD LLP YOUNG CONAWAY STARGATT
919 North Market Street, Suite 1300 & TAYLOR, LLP
P.O. Box 2323 The Brandywine Building
Wilmington, DE 19899-2323 1000 West Street, 17th Floor
Phone: (302)622-4211 Wilmington, Delaware 19801
Pax: (302)656—8920 Phone: (302) 571-6560
[email protected] Fax: (302) 571-1253
[email protected]
Attorneys for Plaiiitgf Rex Medical, LP.
Attorneys for Defendant Ddrascope Corp.
Dated: June 2, 2006
SO ORDERED this day of , 2006.
United States District Judge
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DBO1:2lO7302.4 06s9s2.1001