`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`HOLOGIC, INC., a Delaware corporation; and
`CYTYC SURGICAL PRODUCTS, LLC, a
`Massachusetts limited liability company,
`Plaintiffs,
`
`v.
`MINERVA SURGICAL, INC., a Delaware
`corporation,
`
`Defendant.
`
` C.A. No. 20-925-JFB-SRF
`
`NOTICE OF SUBSEQUENT FACT
`
`Defendant Minerva Surgical, Inc. (“Minerva”), by and through its undersigned counsel,
`
`respectfully submits this Notice of Subsequent Fact in support of Minerva’s Motion to Stay (D.I.
`
`60, the “Motion”), filed on January 22, 2021. The Motion asks the Court to stay this action
`
`pending exhaustion of the appeals in Hologic, Inc. et al. v. Minerva Surgical, Inc., Civ. No. 15-
`
`1031 (D. Del.) (the “First Action”). Briefing on the Motion is complete, and oral argument on the
`
`Motion is set for April 7, 2021 at 11:00 a.m. (See D.I. 61, 67, 70, 75 and 76, and the Court’s
`
`Oral Order dated February 16, 2021).
`
`Defendant respectfully submits this Notice of Subsequent Fact to advise the Court that on
`
`February 22, 2021, Defendant filed its Brief for Petitioner with the United States Supreme Court
`
`in Minerva Surgical, Inc. v. Hologic, Inc., Cytic Surgical Products, LLC, No. 20-440 (attached
`
`hereto as Ex. A), in support of its appeal in the First Action.
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 79 Filed 02/24/21 Page 2 of 3 PageID #: 2903
`
`DATED: February 24, 2021
`
`WILSON SONSINI GOODRICH & ROSATI PC
`
`/s/ Ian R. Liston
`
`Ian Robert Liston (Del. Bar ID No. 5507)
`222 Delaware Avenue, Suite 800
`Wilmington, DE 19801
`Telephone: (302) 304-7606
`iliston@wsgr.com
`
`Edward G. Poplawski
`Olivia M. Kim
`Erik J. Carlson
`WILSON SONSINI GOODRICH & ROSATI PC
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Telephone: (323) 210-2900
`epoplawski@wsgr.com
`okim@wsgr.com
`ecarlson@wsgr.com
`
`Vera M. Elson
`WILSON SONSINI GOODRICH & ROSATI PC
`650 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 493-9300
`velson@wsgr.com
`
`Attorneys for Defendant Minerva Surgical, Inc.
`
`-2-
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 79 Filed 02/24/21 Page 3 of 3 PageID #: 2904
`
`CERTIFICATE OF SERVICE
`I hereby certify that the foregoing document was filed with the Court’s CM/ECF
`system. All counsel of record were served with a true and correct copy of the foregoing
`document by electronic mail on this day.
`
`Dated: February 24, 2021
`
`
`
`/s/ Ian R. Liston
` Ian R. Liston (#5507)
`
`Attorneys for Defendant Minerva Surgical, Inc.
`
`-3-
`
`