Free Notice (Other) - District Court of California - California

Case 3:07-cv-05054-CRB

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Filed 10/01/2007

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Bingham McCutchen LLP WILLIAM F. ABRAMS (SBN 88805) [email protected] PATRICK T. WESTON (SBN 211448) [email protected] SAMANTHA REARDON (SBN 240068) [email protected] 1900 University Avenue East Palo Alto, CA 94303-2223 Telephone: 650.849.4400 Facsimile: 650.849.4800 Attorneys for Plaintiff ALERE MEDICAL, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ALERE MEDICAL, INC., a California Corporation, Plaintiff, v. HEALTH HERO NETWORK, INC., a California Corporation, Defendant.

No. C-07-05054 MEJ NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING (CIVIL L.R. 3-13)

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Although Plaintiff Alere Medical, Inc. ("Alere") believes that Civil L.R. 3-13 does not apply, it brings to the Court's attention a matter between the same parties in the Northern District of Illinois. Defendant Health Hero Network, Inc. ("Health Hero") filed a patent infringement action against Alere in the United States District Court for the Northern District of Illinois, Eastern Division, on September 6, 2007 (Civil Action No. 07CV5031) (the "Illinois action"), alleging infringement of claim 21 of U.S. Patent No. 7,223,236. Alere denies infringement and is seeking a declaration that Patent No. 7,223,235 is invalid and not infringed. The matter is assigned to Judge St. Eve and Magistrate Judge Nolan. Alere does not believe that the Illinois action is related to this action because it involves different subject matter. This action involves seven separate and unrelated patents that are not at issue in the Illinois action. Alere does not believe that a transfer for coordinated or
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NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING (CIVIL L.R. 3-13)

Case 3:07-cv-05054-CRB

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Filed 10/01/2007

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consolidate pretrial proceedings under 28 U.S.C. section 1407 is appropriate because these actions do not involve common questions of fact. Therefore, it is unlikely that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different judges. Further, Alere does not believe that other coordination would avoid conflicts, conserve resources or promote an efficient determination of the action. Alere and Health Hero are both California corporations, and Health Hero's principal place of business is in Santa Clara County. Upon information and belief, neither party has a principal place of business nor significant operations in Illinois. The actions involve separate and unrelated patents. DATED: October 1, 2007 Respectfully submitted, Bingham McCutchen LLP

By:

/s/ William F. Abrams Attorneys for Plaintiff ALERE MEDICAL, INC.

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NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING (CIVIL L.R. 3-13)