[REVIEW GRANTED] Advanced Bionics Corp. v. Medtronic, Inc. (2001)

ADVANCED BIONICS CORPORATION et al., Plaintiffs and Respondents, v. MEDTRONIC, INC., Defendant and Appellant.

[No. B144920. Second Dist., Div. One. Apr. 18, 2001.]

MEDTRONIC, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ADVANCED BIONICS CORPORATION et al., Real Parties in Interest.

[Modification fn. * of Opinion (87 Cal. App. 4th 1235; 105 Cal.Rptr.2d 265) on denial of petition for rehearing.]

THE COURT.- fn. †

Our opinion, filed March 22, 2001, is modified in the following respects:

1. On page 3 of the typed opinion [87 Cal. App. 4th 1238, acvance report], delete the second sentence of the first full paragraph and replace it with the following:

Medtronic, a Minnesota corporation with headquarters in Minnesota, manufactures implantable neurostimulation devices used to treat chronic pain.

2. On page 7 of the typed opinion [87 Cal. App. 4th 1241, acvance report], footnote 3 is modified by deleting the words "when the parties stipulated" and replacing them with the words "with the understanding" (so the sentence reads, "By order to show cause, a hearing was set to determine whether a preliminary injunction should issue, but that matter was later taken off calendar with the understanding that the temporary restraining order would remain in effect").

3. On page 16 of the typed opinion [87 Cal. App. 4th 1246, acvance report], the first sentence of footnote 5 is modified by changing the parenthetical phrase "(in California)" to "(in Minnesota)." [88 Cal. App. 4th 594b]

4. On page 17 of the typed opinion [87 Cal. App. 4th 1247, acvance report], footnote 7 is deleted.

5. On page 24 of the opinion [87 Cal. App. 4th 1252, acvance report, 1st par., line 1], between the second and third sentences, the following sentence is added:

Our stay order is dissolved, effective as of the date this opinion becomes final.

These changes do not affect the judgment.

Medtronic's petition for rehearing is denied.

FN *. This modification requires movement of text affecting pages 1247-1248 of the bound volume report.

FN †. Before Ortega, Acting P.J., Vogel (Miriam A.), J., and Mallano, J.