Filed: Dec. 07, 2016
Latest Update: Dec. 07, 2016
Summary: JOINT STIPULATION OF DISMISSAL OF ALL CLAIMS AND COUNTERCLAIMS RELATED TO U.S. PATENT NO. 5,824,784, AND PROPOSED ORDER RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rule 7-12, Plaintiffs Amgen Inc. and Amgen Manufacturing Limited (collectively, "Amgen") and Defendant Sandoz Inc., by and through their counsel, jointly stipulate to the dismissal, without prejudice, of all claims and counterclaims related to U.S. Patent No. 5,824,784 ("the `784 Patent") on the terms set for
Summary: JOINT STIPULATION OF DISMISSAL OF ALL CLAIMS AND COUNTERCLAIMS RELATED TO U.S. PATENT NO. 5,824,784, AND PROPOSED ORDER RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rule 7-12, Plaintiffs Amgen Inc. and Amgen Manufacturing Limited (collectively, "Amgen") and Defendant Sandoz Inc., by and through their counsel, jointly stipulate to the dismissal, without prejudice, of all claims and counterclaims related to U.S. Patent No. 5,824,784 ("the `784 Patent") on the terms set fort..
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JOINT STIPULATION OF DISMISSAL OF ALL CLAIMS AND COUNTERCLAIMS RELATED TO U.S. PATENT NO. 5,824,784, AND PROPOSED ORDER
RICHARD SEEBORG, District Judge.
Pursuant to Civil Local Rule 7-12, Plaintiffs Amgen Inc. and Amgen Manufacturing Limited (collectively, "Amgen") and Defendant Sandoz Inc., by and through their counsel, jointly stipulate to the dismissal, without prejudice, of all claims and counterclaims related to U.S. Patent No. 5,824,784 ("the `784 Patent") on the terms set forth herein:
1. Amgen's cause of action directed solely to the `784 Patent, specifically the Third Cause of Action of its Complaint filed May 12, 2016 [Dkt. No. 1], is hereby dismissed without prejudice.
2. Sandoz Inc.'s counterclaims directed solely to the `784 Patent, specifically the Third Counterclaim and the Fourth Counterclaim of Sandoz Inc.'s Answer and Affirmative Defenses and Counterclaims filed June 23, 2016 [Dkt. No. 18], are hereby dismissed without prejudice.
3. The parties agree that neither party is a prevailing party with respect to the `784 Patent, and accordingly no party shall be entitled to attorneys' fees or costs with respect to the `784 Patent, either now or at any future point in the case. To avoid any doubt, this stipulated dismissal of the `784 Patent shall play no role in any argument for or determination of attorneys' fees and costs in this litigation.
ECF ATTESTATION
I, Vernon M. Winters, am the ECF User whose ID and Password are being used to file this document. I attest that concurrence in the filing of this document has been obtained from the above signatories.
Dated: December 1, 2016. SIDLEY AUSTIN LLP
By: /s/Vernon M. Winters
PURSUANT TO STIPULATION, IT IS SO ORDERED.
