Reconsideration of a permanent injunction was denied but damages will increase.

IMX, Inc. v. Lendingtree, LLC, No. 03-1067-SLR, Apr. 25, 2007.

Robinson, C.J. Motion for reconsideration of the denial of a permanent injunction based on newly identified evidence was granted in part.

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No inequitable conduct was found after bench trial.

Claims relating to security system for use with untrusted computer networks were construed.

Settlement agreement was immune from discovery, and shared opinion was protected by the common interest privilege.

Block Drug Co., Inc. v. Sedona Labs., Inc. et al.,No. 06-350-***, April 19, 2007

Thynge, Magistrate Judge.  Plaintiff sought production of 2 agreements between Defendants Sedona and Nutri-Health.  Certain portions of an agreement of “Confidentiality of Shared Opinion” were ordered produced after in camera review.  A settlement agreement was not required to be produced.

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Defendant's summary judgment motions were denied; unfair business practices claims were bifurcated.

Affymetrix, Inc. v. Illumina, Inc., No. 04-901 JJF, Mar. 30, 2007.

Farnan, J. Plaintiff’s motion for summary judgment regarding claims of intentional interference with economic advantage and unfair business practices was denied.  Defendant’s motions for summary judgment of invalidity and inequitable conduct were denied.  Claims of unfair business practices were bifurcated from the infringement trial.

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Summary judgment of non-infringement in stent case was granted.

Boston Scientific Scimed, Inc. et al. v. Cordis Corp. et al., Nos. 03-283-SLR, 03-1138-SLR, Apr. 4, 2007.

Robinson, C.J. Cordis’ renewed motion for summary judgment of non-infringement was granted. Plaintiffs’ motion to exclude evidence of testing by Cordis’ expert Dr. Sabatini and related testimony was denied. Plaintiff’s motion for summary judgment of validity due to no anticipation was granted.

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JMOL and new trial were denied in stent case

Permanent injunction was denied after infringement verdict

Praxair, Inc. et al. v. ATMI, Inc. et al., No. 03-1158-SLR, Mar. 27, 2007.

Robinson, J.  A motion for permanent injunction following infringement verdict was denied with leave to renew following appellate review of the jury verdict.

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Verdict of DOE infringement withstands reconsideration motion

Transfer to Texas where related litigation was nearing conclusion was denied

Oracle Corp. et al. v. EpicRealm Licensing, LP, No. 06-414-SLR; QuinStreet, Inc. v. EpicRealm Licensing, LP, 06-495-SLR, Mar. 26, 2007.

Robinson, J.  Motions to transfer venue and consolidate were denied.  Motions for extension of time to answer complaints were denied and the answers would be due in 18 days.

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Institutional holders of patent rights were held not indispensable in suit against exclusive licensee

Defense tactics result in denial of JMOL and new trial motions

Willfulness claim was summarily dismissed in an ANDA case; decision on exceptional case was reserved

Forest Labs., Inc. et al. v. IVAX Pharmaceuticals, Inc. et al., ,No. 03-891-JJF, Mar. 15, 2007.


Farnan, J.   Defendants' motion for summary judgment of no willful infringement was granted.  The Court reserved decision as to whether summary disposition of the exceptional case issue was appropriate.

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Court declined to order recall of privileged document after untimely request; draft licensing agreement was subject to recall

In Re:  '318 Patent Infringement Litigation, No. 05-356-SLR, Mar. 1, 2007.

Robinson, J.   A motion seeking return or destruction of privileged documents inadvertently produced was granted in part and denied in part.

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Expert's testimony about non-infringement expert's opinion was precluded

Telephone claims are construed