Get the facts straight???
*LAUGHING*
How can you possibly get this wrong???
OR
Would you really try to misrepresent the facts???
"Say it ain't so, Joe..."
WHEREAS Plaintiffs Pharma Tech Solutions, Inc. and Decision IT Corp. (collectively
“Pharma Tech”) have alleged in this action, inter alia, that Defendants LifeScan Inc., LifeScan
Scotland, Ltd. and Johnson & Johnson (collectively, “LifeScan”) literally infringe U.S. Patent Nos.
6,153,069 (“the ’069 patent”) and 6,413,411 (“the ’411 patent”) (collectively, the “Asserted
Patents”) by making, using, importing, exporting, offering to sell, and selling OneTouch Ultra blood
glucose test strips and meters (the “Accused Products”); and
WHEREAS LifeScan has disputed this allegation; and
WHEREAS LifeScan has provided Pharma Tech with access to documentation showing the
operation of the Accused Products; and
WHEREAS Pharma Tech has reviewed this documentation and has concluded that LifeScan
does not literally infringe the Asserted Patents by making, using, importing, exporting, offering to
sell, or selling the Accused Products; and
WHEREAS Pharma Tech now wishes to dismiss its allegations of literal infringement;
NOW THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND ORDERED that
Pharma Tech’s claims against LifeScan of literal infringement of all claims of the ’069 patent and all
claims of the ’411 patent ARE DISMISSED WITH PREJUDICE.
For clarity and the avoidance of doubt, this Stipulation and Order does not in any way affect
Pharma Tech’s claim that LifeScan infringes the ’411 patent and the ’069 patent under the doctrine
of equivalents.
Dated: June 6, 2017
EVANS FEARS & SCHUTTERT L.L.P.
/s/ Chad R. Fears
Chad R. Fears, NV Bar No. 6970
Kelly A. Evans, NV Bar No. 7691
2300 West Sahara Avenue
Suite 1130
Las Vegas, NV 89102
Gregory Diskant (pro hac vice)
Eugene M. Gelernter (pro hac vice)
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, NY 10036
Charles D. Hoffmann (pro hac vice)
Sean R. Marshall (pro hac vice)
HOFFMANN MARSHALL & STRONG LLP
116 W 23rd Street, Suite 500
New York, NY 10011
Attorneys for Defendants LifeScan, Inc.;
LifeScan Scotland, Ltd.; and Johnson &
Johnson
FOX ROTHSCHILD LLP
/s/ William Rudy
William Rudy (pro hac vice)
1225 17th St., Ste. 2200
Denver, CO 80202
*LAUGHING*
How can you possibly get this wrong???
OR
Would you really try to misrepresent the facts???
"Say it ain't so, Joe..."
WHEREAS Plaintiffs Pharma Tech Solutions, Inc. and Decision IT Corp. (collectively
“Pharma Tech”) have alleged in this action, inter alia, that Defendants LifeScan Inc., LifeScan
Scotland, Ltd. and Johnson & Johnson (collectively, “LifeScan”) literally infringe U.S. Patent Nos.
6,153,069 (“the ’069 patent”) and 6,413,411 (“the ’411 patent”) (collectively, the “Asserted
Patents”) by making, using, importing, exporting, offering to sell, and selling OneTouch Ultra blood
glucose test strips and meters (the “Accused Products”); and
WHEREAS LifeScan has disputed this allegation; and
WHEREAS LifeScan has provided Pharma Tech with access to documentation showing the
operation of the Accused Products; and
WHEREAS Pharma Tech has reviewed this documentation and has concluded that LifeScan
does not literally infringe the Asserted Patents by making, using, importing, exporting, offering to
sell, or selling the Accused Products; and
WHEREAS Pharma Tech now wishes to dismiss its allegations of literal infringement;
NOW THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND ORDERED that
Pharma Tech’s claims against LifeScan of literal infringement of all claims of the ’069 patent and all
claims of the ’411 patent ARE DISMISSED WITH PREJUDICE.
For clarity and the avoidance of doubt, this Stipulation and Order does not in any way affect
Pharma Tech’s claim that LifeScan infringes the ’411 patent and the ’069 patent under the doctrine
of equivalents.
Dated: June 6, 2017
EVANS FEARS & SCHUTTERT L.L.P.
/s/ Chad R. Fears
Chad R. Fears, NV Bar No. 6970
Kelly A. Evans, NV Bar No. 7691
2300 West Sahara Avenue
Suite 1130
Las Vegas, NV 89102
Gregory Diskant (pro hac vice)
Eugene M. Gelernter (pro hac vice)
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, NY 10036
Charles D. Hoffmann (pro hac vice)
Sean R. Marshall (pro hac vice)
HOFFMANN MARSHALL & STRONG LLP
116 W 23rd Street, Suite 500
New York, NY 10011
Attorneys for Defendants LifeScan, Inc.;
LifeScan Scotland, Ltd.; and Johnson &
Johnson
FOX ROTHSCHILD LLP
/s/ William Rudy
William Rudy (pro hac vice)
1225 17th St., Ste. 2200
Denver, CO 80202
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