Advanced Cardiovascular Systems, Inc. v. SciMed Life Systems

Good Law

101 F. Supp. 2d 1257·1999 WL 1789419·1999 U.S. Dist. LEXIS 21697

United States District Court, Northern District of CaliforniaSeptember 7, 1999C 96-00946 CWCalifornia1,742 words

Opinion

Wilken, J.

ORDER DENYING DEFENDANT’S EX PARTE MOTION FOR LEAVE TO FILE A REPLY, DENYING DEFENDANT’S MOTION FOR LEAVE TO FILE A MOTION FOR PARTIAL RECONSIDERATION, AND AMENDING ORDER OF JUNE 22,1999

Pursuant to Civil Local Rule 7-9(b), Defendant SciMed Life Systems (SciMed) moves for leave to file a motion for partial reconsideration of the Court’s Order of June 22, 1999, and for leave to file a reply in support of that motion. Plaintiff Advanced Cardiovascular Systems, Inc. (ACS) opposes both motions. Having considered all the papers filed by the parties, the Court denies SciMed’s motions, but amends its June 22,1999, Order.

DISCUSSION

1. Legal Standard

Civil Local Rule 7 — 9(b) lists three grounds for filing a motion for reconsideration:

Civ.L.R. 7 — 9(b)(1)—(3).

2. Obviousness

SciMed moves for leave to file a motion for reconsideration of the Court’s holding that U.S. Patent No. 5,496,275 (the Sirhan patent) is not obvious in light of the prior art references cited by SciMed. In support of its motion, SciMed argues that the Court erred in requiring that the motivation to combine the prior art references be expressly contained in these references. SciMed further contends that the…

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