Medtronic Minimed, Inc. v. Nova Biomedical Corporation et al, No. 2:2008cv00788 - Document 688 (C.D. Cal. 2009)

Court Description: ORDER ENTERING FINAL JUDGMENT IN FAVOR OF DEFENDANT NOVA BIOMEDICAL CORPORATION by Judge S. James Otero, in favor of Nova Biomedical Corporation against Medtronic Minimed, Inc. (MD JS-6, Case Terminated). (bp)

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Medtronic Minimed, Inc. v. Nova Biomedical Corporation et al Doc. 688 1 2 3 4 JS-6 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MEDTRONIC MINIMED, INC., 12 Plaintiff, 13 14 15 v. NOVA BIOMEDICAL CORPORATION, et al., 16 17 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. CV 08-00788 SJO (PJWx) ORDER ENTERING FINAL JUDGMENT IN FAVOR OF DEFENDANT NOVA BIOMEDICAL CORPORATION [Docket No. 679] 18 19 20 Pursuant to Federal Rule of Civil Procedure 54(b), the Court hereby enters a Final 21 Judgment in favor of Defendant Nova Biomedical Corporation ("Nova") as to all claims brought by 22 Plaintiff Medtronic MiniMed, Inc. ("Medtronic MiniMed") and addressed and decided by the jury 23 at trial. Accordingly, the Court ORDERS, ADJUDGES AND DECREES as follows: 24 1. Medtronic MiniMed's First Cause of Action for Misappropriation of Trade Secrets 25 The jury found that Medtronic MiniMed had not proved by a preponderance of the 26 evidence its claim for misappropriation of trade secrets against Nova. 27 28 Dockets.Justia.com 1 2. Medtronic MiniMed's Third Cause of Action for Conversion 2 The jury found that Medtronic MiniMed had not proved by a preponderance of the 3 evidence its conversion claim against Nova. 4 3. Medtronic MiniMed's Fifth Cause of Action for Breach of Contract 5 The jury found that Medtronic MiniMed had not proved by a preponderance of the 6 evidence its breach of contract claim against Nova. 7 4. Medtronic MiniMed's Sixth Cause of Action for Intentional Interference with 8 Prospective Economic Advantage 9 The jury found that Medtronic MiniMed had not proved by a preponderance of the 10 evidence its claim for intentional interference with prospective economic advantage. 11 5. Medtronic MiniMed's Claim for Damages 12 Since the jury found that Medtronic MiniMed had not proved any of its claims by the 13 appropriate standard, damages are neither assessed nor awarded. 14 6. Entry of Final Judgment is Appropriate 15 As there are no further proceedings available against Nova with respect to the 16 claims adjudicated at trial, nor do any claims or counterclaims set forth in the 17 pleadings remain between Medtronic MiniMed and Nova, this judgment possess the 18 requisite degree of finality. Therefore, the Court finds that there is no just reason for 19 delay in entering final judgment on Medtronic MiniMed's claims against Nova. 20 Accordingly, it is hereby ordered that judggment is entered in favor of Nova Biomedical 21 Corporation, a Massachusetts corporation and against Medtronic MiniMed, Inc., a Delaware 22 corporation and MiniMed Distribution, a Delaware corporation. 23 IT IS SO ORDERED. 24 25 Dated: October 13, 2009. 26 27 S. JAMES OTERO UNITED STATES DISTRICT JUDGE 28 2

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