`FOR THE WESTERN DISTRICT OF NORTH CAROLINA
`CHARLOTTE DIVISION
`CIVIL ACTION NO.: 3:14-CV-00274-RJC-DSC
`
`LIFESCAN, INC. and
`LIFESCAN SCOTLAND, LTD.,
`
`Plaintiffs and
`Counterclaim-defendants,
`
`– v –
`
`UNISTRIP TECHNOLOGIES, LLC,
`
`Defendant and
`Counterclaimant.
`
`JOINT CONSENT MOTION TO STAY
`THIS MATTER UNTIL THE
`RESOLUTION OF AN APPEAL BY
`THE FEDERAL CIRCUIT
`
`NOW COME the Plaintiffs LifeScan, Inc., and LifeScan Scotland, Ltd. and Defendant
`
`UniStrip Technologies, LLC, by and through counsel, and jointly move to stay the present civil
`
`action until the resolution of an appeal by the Court of Appeals for the Federal Circuit. In support
`
`of this motion, the parties respectfully state as follows:
`
`1. This case involves U.S. Patent Nos. 6,241,862 and 7,250,105. The ’105 Patent is
`
`currently the subject of an appeal to the Federal Circuit from the decision of the
`
`Patent Trials and Appeals Board dated August 6, 2014 in Case No. IPR2013-00247.
`
`2. The parties have conferred, and they agree that this case should be stayed pending the
`
`outcome of that appeal.
`
`3. Defendant agrees to withdraw its pending Motion for Stay [Dkt. No. 19] in favor of
`
`the relief requested in this joint motion.
`
`Case 3:14-cv-00274-RJC-DSC Document 21 Filed 10/03/14 Page 1 of 3
`
`
`
`WHEREFORE, the parties respectfully request that the Court to enter an order staying
`
`this case until a final decision is rendered by the Federal Circuit. A proposed Order is attached
`
`hereto for the Court’s consideration.
`
`This the 3rd day of October, 2014.
`
`/s/ CHRISTOPHER BERNARD
`N.C. State Bar No. 27713
`/s/ LAWRENCE A. BARATTA, JR.
`N.C. State Bar No. 37589
`Clements Bernard PLLC
`1901 Roxborough Road, Suite 250
`Charlotte, NC 28211 USA
`Ph: 704-790-3600
`Fx: 704-366-9744
`cbernard@worldpatents.com
`lbaratta@worldpatents.com
`
`Attorneys for Defendant and
`Counterclaimant
`
`/s/ DAVID N. ALLEN
`NC State Bar No. 9095
`/S/ J. DOUGLAS GRIMES
`NC State Bar No. 32699
`Hedrick Gardner Kincheloe & Garofalo, LLP
`PO Box 30397
`Charlotte, NC 28230
`Ph: (704) 366-1101
`Fx: (704) 366-6181
`dallen@hedrickgardner.com
`dgrimes@hedrickgardner.com
`
`/s/EUGENE M. GELERNTER
`(admitted pro hac vice)
`/s/ANTHONY C. DECINQUE
`(admitted pro hac vice)
`Patterson Belknap Webb & Tyler LLP
`1133 Avenue of the Americas
`New York, NY 10036
`Phone: (212) 336-2000
`Fax:
`(212) 336-2222
`emgelernter@pbwt.com
`adecinque@pbwt.com
`
`Attorneys for Plaintiffs and Counterclaim
`Defendants
`
`Case 3:14-cv-00274-RJC-DSC Document 21 Filed 10/03/14 Page 2 of 3
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 3rd day of October, 2014, I electronically filed the foregoing
`
`JOINT CONSENT MOTION TO STAY with the Clerk of Court using the CM/ECF system
`
`serving the following CM/ECF participants:
`
`Lawrence A. Baratta , Jr.
`Christopher L. Bernard
`Clements Bernard PLLC
`1901 Roxborough Road, Suite 250
`Charlotte, NC 28211
`lbaratta@worldpatents.com
`cbernard@worldpatents.com
`Attorneys for Defendant and Counterclaimant
`
`/s/DAVID N. ALLEN
`NC State Bar No. 9095
`/S/J. DOUGLAS GRIMES
`NC State Bar No. 32699
`Hedrick Gardner Kincheloe & Garofalo,
`LLP
`PO Box 30397
`Charlotte, NC 28230
`PH:
`(704) 366-1101
`FAX: (704) 366-6181
`dallen@hedrickgardner.com
`dgrimes@hedrickgardner.com
`
`/s/EUGENE M. GELERNTER
`(admitted pro hac vice)
`/s/ANTHONY C. DECINQUE
`(admitted pro hac vice)
`Patterson Belknap Webb & Tyler LLP
`1133 Avenue of the Americas
`New York, NY 10036
`Phone: (212) 336-2000
`Fax:
`(212) 336-2222
`emgelernter@pbwt.com
`adecinque@pbwt.com
`Attorneys for Plaintiffs and Counterclaim
`Defendants
`
`Case 3:14-cv-00274-RJC-DSC Document 21 Filed 10/03/14 Page 3 of 3
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