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Flow Pharma, Inc. v. Bausch Health Companies Inc., 3:18-cv-5769-JST. (2019)

Court: District Court, N.D. California Number: infdco20190501c10 Visitors: 2
Filed: Apr. 29, 2019
Latest Update: Apr. 29, 2019
Summary: STIPULATION AND [PROPOSED] ORDER TO FILE FIRST AMENDED COMPLAINT JON S. TIGAR , District Judge . Plaintiff FLOW PHARMA ("Plaintiff") and Defendants BAUSCH HEALTH COMPANIES INC. and VALEANT PHARMACEUTICALS NORTH AMERICA, LLC (hereinafter "Defendants") jointly submit this Stipulation and [Proposed] Order to File First Amended Complaint. WHEREAS on September 20, 2018, Plaintiff filed its Complaint for Patent Infringement. WHEREAS Plaintiff, Flow Pharma seeks to file its First Amended
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STIPULATION AND [PROPOSED] ORDER TO FILE FIRST AMENDED COMPLAINT

Plaintiff FLOW PHARMA ("Plaintiff") and Defendants BAUSCH HEALTH COMPANIES INC. and VALEANT PHARMACEUTICALS NORTH AMERICA, LLC (hereinafter "Defendants") jointly submit this Stipulation and [Proposed] Order to File First Amended Complaint.

WHEREAS on September 20, 2018, Plaintiff filed its Complaint for Patent Infringement.

WHEREAS Plaintiff, Flow Pharma seeks to file its First Amended Complaint, which adds one cause of action for Contributory Infringement.

WHEREAS a copy of Plaintiff's Proposed First Amended Complaint is attached hereto as Exhibit 1.

IT IS HEREBY STIPULATED, by and between Plaintiff and Defendants, by and through their respective counsel, that:

1. Plaintiff should be granted leave to amend to file its First Amended Complaint, a copy of which is attached hereto as Exhibit 1.

2. Plaintiff's Motion For Leave To File First Amended Complaint currently scheduled for May 9, 2019 is hereby withdrawn and taken off calendar.

3. Plaintiff's First Amended Complaint is deemed filed as of the date the Order is transmitted via that CM/ECF system.

SIGNATURE ATTESTATION

Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that concurrence in the filing of this document has been obtained from each of the other Signatories shown above.

[PROPOSED] ORDER

Having read and considered the foregoing Stipulation, and good finding good cause appearing therefore:

IT IS HEREBY ORDERED that Plaintiff, FLOW PHARMA is granted leave to amend to file its First Amended Complaint, a copy of which is attached hereto as Exhibit 1.

IT IS ALSO ORDERED that Plaintiff's Motion For Leave To File First Amended Complaint currently scheduled for May 9, 2019 is hereby withdrawn and taken off calendar.

IT IS HEREBY ORDERED that Plaintiff's First Amended Complaint is deemed filed as of the date this Order is transmitted via that CM/ECF system. IT IS SO ORDERED. Plaintiff shall file its First Amended Complaint no later than May 3, 2019.

IT IS SO ORDERED.

Source:  Leagle

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