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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`WARSAW ORTHOPEDIC, INC . .;,
`MEDTRONIC SOFAMOR DAN.tK
`USAA INC.~.l'1EDTRONIC PUERTO
`RICu OPEKATIONS COMPANY;
`and OSTEOTECH, Inc.,
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`CASE NO. 12-cv-2738-CAB (MDD)
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`ORDER ON NUVASIVE'S MOTION
`TO STAY
`[Doc. No. 58]
`
`vs.
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`NUVASIVE, INC.,
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`Plainti ffs,
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`Defendant.
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`This matter came before the court today for hearing on NuVasive, Inc.'s motion
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`to stay the case as to the '430 and '997 patents. [Doc. No. 58.] For reasons set forth at
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`the hearing, NuVasive's motion is GRANTED IN PART AND DENIED IN PART.
`The case is stayed as to United States Patent No. 8,021,430. 1 NuVasive's motion
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`as to United States Patent No. 8,251,997 is DENIED IN PART, without prejudice to
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`renewal pending the Patent Office's decision whether to grant inter partes review of
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`the '997 patent. The parties shall contact the undersigned's chambers, within seven
`days of the Patent Office's decision, to schedule a status conference. 2 The court
`VACATES the deadlines for the '997 patent related to Invalidity Contentions and
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`I Plaintiffs do not oppose a stay as to this patent.
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`2 The parties anticipate that the Patent Office will reach determination by September 25, 2013.
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`- 1 -
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`12cv273R
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`
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`Case 3:12-cv-02738-CAB-MDD Document 69 Filed 05/30/13 PageID.2334 Page 2 of 2
`
`Preliminary Claim Constructions. See Doc. No. 60.
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`IT IS SO ORDERED.
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`DATED: May 30,2013
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`CATHY ANN BENCIVENGO
`United States District Judge
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`2 -
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`12cv27J8
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`
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