`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`WARSAW ORTHOPEDIC, INC.,
`CASE NO. 3:08-CV-1512-CAB
`(MDD)
`Plaintiff,
`ORDER GRANTING JOINT MOTION
`FOR DISMISSAL
`[Doc. No. 599]
`
`NUVASIVE, INC.,
`
`vs.
`
`Defendant.
`
`WHEREAS Plaintiff Warsaw Orthopedic, Inc. and Defendant NuVasive, Inc.
`(collectively “the Parties”) seek dismissal of the counts in this action that pertain to
`Warsaw’s United States Patent No. 5,772,661 (“the ‘661 patent”); IT IS HEREBY
`ORDERED, pursuant to Fed. R. Civ. Proc. Rule 41(a)(1)(A)(ii) and (a)(1)(B), that:
`1. Warsaw’s claims and defenses in this action that pertain to the ‘661 patent
`are dismissed in their entirety with prejudice.
`2.
`NuVasive’s defenses and counterclaims in this action that pertain to the
`‘661 patent are dismissed in their entirety without prejudice.
`3.
`Each party shall bear its own costs and attorney’s fees relating to the ‘661
`patent.
`IT IS SO ORDERED.
`
`DATED: July 12, 2013
`
`CATHY ANN BENCIVENGO
`United States District Judge
`
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`08cv512
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`NUVASIVE 1042
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`IPR2013-00206
`IPR2013-00208