Advanced Bionics v. Medtronic

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Filed 3/5/03 IN THE SUPREME COURT OF CALIFORNIA ADVANCED BIONICS CORPORATION ) et al., ) ) Plaintiffs and Respondents, ) ) v. ) ) MEDTRONIC, INC., ) ) Defendant and Appellant. ) ___________________________________ ) MEDTRONIC, INC., ) ) Petitioner, ) ) v. ) ) THE SUPERIOR COURT OF LOS ) ANGELES COUNTY, ) ) Respondent; ) ) ADVANCED BIONICS CORPORATION ) et al., ) ) Real Parties in Interest. ) ___________________________________ ) S097308 Ct.App. 2/1 B144465 Los Angeles County Super. Ct. No. BC231335 Ct.App. 2/1 B144920 Los Angeles County Super. Ct. No. BC231335 THE COURT: The opinion herein, filed on December 19, 2002, appearing at 29 Cal.4th 697, is modified as follows: The first two sentences on page 700 are modified to read as follows: We granted review to consider whether the superior court properly enjoined a party to a California lawsuit from taking any action in a Minnesota proceeding involving the same dispute. We conclude that under principles of judicial restraint and comity the temporary restraining order (TRO) issued here was improper. This modification does not affect the judgment. 2

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