Free Order on Motion to Stay - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) Plaintiffs, ) ) v. ) ) W.L. Gore & Associates, Inc., ) ) Defendant. ) --------------------------------------------------- ) ____________________________________) W.L. Gore & Associates, Inc., ) ) Counterclaimant, ) ) v. ) ) Bard Peripheral Vascular, Inc., ) David Goldfarb, M.D., and ) C.R. Bard, Inc. ) ) Counterdefendants. ) ) Bard Peripheral Vascular, Inc., and David Goldfarb, M.D., No. CV-03-0597-PHX-MHM

ORDER APPROVING DEFENDANT'S DEPOSIT OF SECURITY TO OBTAIN STAY OF THE INITIAL JUDGMENT

Pursuant to Rules 67(b), (d) and 67 of the Federal Rules of Civil Procedure and Local Rule 67.1, it is hereby ORDERED that Gore may deposit with the Clerk of the United States District Court for the District of Arizona the sum of One Hundred Ninety Five Million Dollars ($195,000,000.00) as security for the money judgment entered by the Court in this matter on July 30, 2008, in the total amount of

Case 2:03-cv-00597-MHM

Document 839 1

Filed 08/11/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

$185,589,871.02 (Doc No. 836) together with anticipated post-judgment interest and costs on appeal with respect to such money judgment. The Clerk of the Court is hereby directed to deposit such amount in an interest bearing account or the Federal Court Registry Investment System ("CRIS") for the ultimate benefit of Gore pending the outcome of any post-trial motions and appeals with respect to such money judgment. It is FURTHER ORDERED that any enforcement of such money judgment shall be stayed and no execution of any form may issue on such money judgment until ten (10) days following the entry of a final order disposing of all post-trial motions and appeals filed by Gore with respect to such money judgment. It is FURTHER ORDERED that the above-mentioned deposit with the Court and accrued interest shall not be exonerated or returned to Gore except upon a further order of this Court or of a Court of competent jurisdiction directed to the Clerk of this Court. It is FURTHER ORDERED that any additional or supplemental damages awarded by the Court, including pursuant to 35 U.S.C. §§ 284-285 or otherwise, shall be secured or otherwise addressed by Gore within ten (10) days of entry of such applicable Order. This ORDER and the accompanying stay of execution shall be effective immediately but will become ineffective and shall be of no further force and effect unless the full amount of such deposit is made by Gore with the Clerk of the Court by 5:00 p.m. Phoenix time on the third business day after this Order is entered. Dated this 11th day of August, 2008.

Case 2:03-cv-00597-MHM

Document 839

Filed 08/11/2008

Page 2 of 2