Medtronic Navigation v. Brainlab Medizinische Computersystems

Full title: MEDTRONIC NAVIGATION, INC., f/k/a SURGICAL NAVIGATION TECHNOLOGIES, INC.…

Court: United States District Court, D. Colorado

Date published: Mar 13, 2006

Civil Action No. 98-cv-01072-RPM (D. Colo. Mar. 13, 2006)

Opinion

Civil Action No. 98-cv-01072-RPM.

March 13, 2006

ORDERS DEFERRING RULING ON DEFENDANTS' MOTION TO DECLARE THIS ACTION EXCEPTIONAL PURSUANT TO 35 U.S.C. § 285 and on DEFENDANTS' MOTION FOR EXTENSION OF TIME

RICHARD MATSCH, District Judge

Final judgment was entered in this civil action on February 24, 2006. The plaintiffs filed a notice of appeal on March 6, 2006, and filed an amended notice of appeal on that same date. On March 10, 2006, the defendants filed their Motion to Declare This Action Exceptional Pursuant to 35 U.S.C. § 285 and Motion for Extension of Time to Comply with D.C. Colo.L.Civ.R. 54.3.

The issues raised by the defendants' motion pursuant to 35 U.S.C. § 285 depend upon the rulings that have been appealed by the plaintiffs. To serve the interests of judicial economy, it is

ORDERED that determination of the defendants' motion to declare this action exceptional pursuant to 35 U.S.C. § 285 [doc. 553] is deferred until after the issues on appeal have been determined; and it is

FURTHER ORDERED that the defendants' motion to comply with D.C.Colo.L.Civ. R. 54.3 [doc. 555] is granted.