Free SO ORDERED - District Court of Delaware - Delaware

Case 1:07-cv-00753-JJF Document 201 Filed 05/29/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROCHE DIAGNOSTICS OPERATIONS, INC. )
and CORANGE INTERNATIONAL )
LIMITED, )
)
Plaintiffs, )
)
vs. ) C.A.. No. O7—753-.I.IF
)
ABBOTT DIABETES CARE INC, )
ABBOTT DIABETES CARE SALES )
CORPORATION, )
BAYER HEALTHCARE, LLC, )
DIAGNOSTIC DEVICES, INC., )
LIFESCAN, INC., and )
NOVA BIOMEDICAL CORPORATION, )
)
Defendants. )
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS
TO ALL CLAIMS ASSERTED (1) BY ROCHE AGAINST ABBOTT AND (2) BY
ABBOTT AGAINST ROCHE
Pursuant to Federal Rule of Civil Procedure 4I(a), Plaintiffs and Counter—claim
Defendants Roche Diagnostics Operations Inc. and Corange International Ltd. (collectively
"Roche") and Defendants and Counter—claini Plaintiffs Abbott Diabetes Care, Inc. and Abbott
Diabetes Care Sales Corp, (collectively "Abbott") tile this Stipulation and [Proposed] Order of
Dismissal With Prejudice as to All Claims Asserted (I) By Roche Against Abbott and (2) By
Abbott Against Roche, and would respectfully show as follows:
I, Roche and Abbott have settled all of the claims and causes of action that were
asserted in this case (a) by Roche against Abbott and (b) by Abbott against Roche,
2r All taxable costs, expenses and attorneys’ fees shall be borne by the party
incurring same
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Case 1:07-cv-00753-JJF Document 201 Filed 05/29/2008 Page 2 of 3
3, The parties accordingly stipulate that the claims and causes of action that were
asserted in this case by (a) by Roche against Abbott and (b) by Abbott against Roche be
dismissed with prejudice.
4. The parties acknowledge and agree that this stipulation does not affect any claim
or cause of action that Roche alleges against any other defendant.
Respectfully submitted,
/s/ Plzilig A. Rowzer /s//lmze S/zea Gaza
Philip A. Rovner (#3215) Fredrick L. Cottrell III (#2555)
POTTER ANDERSON & CORROON LLP [email protected]
Hercules Plaza Anne Shea Gaza (#4093)
P.O. Box 951 [email protected]
Wilmington, DE 19899-0951 RICHARDS, LAYTON & FINGER
(302) 984-6000 One Rodney Square
[email protected] 920 N. King Street
Wilmington, Delaware 19899
(302) 651-7700
Of Counsel: Of Counsel:
Daniel A. Boehnen Edward A. Mas 11
Grantland G. Drutchas Stephen Ft Shenry
McDonnell Boehnen Hulbert & Berghoff LLP Kirk Vander Leest
300 South Wacker Drive McANDREWS, HELD & MALLOY, LTD.
Chicago, IL 60606 500 West Madison Street, Suite 3400
(312) 913-0001 Chicago, Illinois 60661
(312) 775-8000
A ttorneys for Roc/re Diagnostics Operations, Attorneys forAbb0tt Diabetes Care Inc. and
Inc, and Corauge International Limited Abbott Diabetes Sales Corp.
Date: May 28, 2008
2
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Case 1:07-cv-00753-JJF Document 201 Filed 05/29/2008 Page 3 of 3
SO ORDERED this day of P , 2008,
H lc J0 cp . Faman, .Ir.. ‘
Uni a tates District Judge
3
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