`
`Case 1:15-cv-00709-RGA Document 73 Filed 12/01/16 Page 1 of 3 PageID #: 1131
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
`
`NOX MEDICAL EHF,
`
`Plaintiff,
`
`v.
`
`NATUS NEUROLOGY INC.,
`
`Defendant.
`
`)
`)
`)
`) C.A. No. 15-709-RGA
`)
`)
`)
`)
`)
`
`STIPULATION AND~] ORDER
`
`WHEREAS, Plaintiff Nox Medical Ehf ("Nox Medical") has asserted that Defendant
`
`Natus Neurology Inc. ("Natus") has infringed and continues to infringe Claims 1, 4, 5, 6, 7, 8,
`
`and 9 of U.S. Patent No. 9,059,532 ("the Asserted Claims of '532 patent") by making, using,
`
`selling, or offering to sell in the United States, or by importing into the United States Natus'
`
`Embla XactTrace Pre-Sized Single Use RIP belts bearing part numbers 011516, 011517, 011518,
`
`and 011520 ("the Accused Products");
`
`WHEREAS, Natus has asserted certain counterclaims and affirmative defenses to Nox
`
`Medical's claim of infringement, and among these, Natus has asserted claims and defenses that
`
`the Asserted Claims of the '532 patent are unenforceable under the doctrine of inequitable
`
`conduct, and are invalid for the patentee's failure to comply with requirements for patentability,
`
`including but not limited to those set forth in Sections 101, 102, 103, and 112 of the U.S. Patent
`
`Act, 35 U.S.C. §§ 101, 102, 103, and 112;
`
`WHEREAS, on November 17, 2016, the Court conducted a Markman hearing for
`
`purposes of determining the proper construction of certain limitations of the Asserted Claims of
`
`the '532 patent;
`
`NOX EXHIBIT 2053-1
`IPR2016-01822
`
`
`
`Case 1:15-cv-00709-RGA Document 73 Filed 12/01/16 Page 2 of 3 PageID #: 1132
`
`WHEREAS, subject to entry by the Court of an order construing the "flexibility"
`
`limitation in accordance with the Court's and parties' agreement at the Markman hearing, and for
`
`purposes of reducing the issues for trial in this case, Natus stipulates that the Accused Products
`
`infringe the Asserted Claims of the '532 patent;
`
`WHEREAS, the parties agree that, by stipulating to infringement of the Asserted Claims
`
`of the '532 patent by the Accused Products, Natus does not agree that it is liable for such
`
`infringement, and does not waive and expressly reserves all of its claims and defenses that those
`
`asserted claims are invalid and/or unenforceable;
`
`WHEREAS, in light of its agreement to stipulate to infringement of the Asserted Claims
`
`of the '532 patent, Natus further stipulates to withdrawal of its Second Affirmative Defense, set
`
`forth in Defendant's First Amended Answer, Affirmative Defenses, and Counterclaims (DJ. 29,
`
`at 9);
`
`WHEREAS, in light of its agreement to stipulate to infringement of the Asserted Claims
`
`of the
`
`'532 patent, Natus further stipulates to dismissal of Count I of its Amended
`
`Counterclaims, set forth in Defendant's First Amended Answer, Affirmative Defenses, and
`
`Counterclaims (D.1. 29, at 13);
`
`NOW THEREFORE, the parties hereby stipulate, pursuant to the foregoing premises and
`
`subject to the approval of the Court, that Claims I, 4, 5, 6, 7, 8, and 9 of U.S. Patent No.
`
`9,059,532 are infringed by the Accused Products, as that term is defined herein, to withdrawal of
`
`Natus' Second Affirmative Defense, and to dismissal of Count I of Natus' Amended
`
`Counterclaims.
`
`2
`
`NOX EXHIBIT 2053-2
`IPR2016-01822
`
`
`
`. -..
`
`Case 1:15-cv-00709-RGA Document 73 Filed 12/01/16 Page 3 of 3 PageID #: 1133
`
`Dated: December 1, 2016
`
`POTTER ANDERSON & CORROON LLP
`
`CONNOLLY GALLAGHER LLP
`
`By:
`
`Isl Bindu A. Palgpura
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O'B~e (#4446)
`Hercules Plaza, 6 Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`so byme@potteranderson.com
`
`Isl Arthur G. Connolly, Ill
`Arthur G. Connolly, III (#2667)
`Ryan P. Newell (#4744)
`Mary I. Akhimien (#5448)
`The Brandywine Building
`1000 West Street, Suite 1400
`Wilmington, DE 19801
`(302) 757-7300
`ac01molly@connollygallagher.com
`mewell@connollygallagher.com
`makhimien@conno !lygal lagher .com
`
`Attorneys for Plaintiff Nox Medical Eh/
`
`Attorneys for Defendant Natus Neurology Inc.
`
`SO ORDERED this -1- day of ~ , 2016
`
`3
`
`NOX EXHIBIT 2053-3
`IPR2016-01822
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ ChargeStill Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site