Transfer to forum of first-filed action is granted

Bank of America, N.A., v. S.I.P. Assets, LLC et al., C.A. No. 07-159-GMS, September 11, 2007.

Sleet, C.J.  Defendant EPC’s motion to transfer is granted.  Defendant SIP’s motion to dismiss for lack of subject matter jurisdiction is denied as moot.

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New arguments in reconsideration motion are rejected

Crown Packaging Technology, et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, August 28, 2007.

Thynge, M.J.  Plaintiffs’ motion for reargument and reconsideration regarding bifurcation of trial is denied.


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Hearing aid technology claims are construed

Energy Transportation Group, Inc. v. Sonic Innovations, Inc., et al., C.A. No. 05-422-GMS, August 17, 2007.

Sleet, C.J.  The Court construes twenty-nine terms from two patents.

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Claims relating to nucleic hybridization probes are construed

Digene Corporation v. Ventana Medical Systems, Inc., et al., C.A. No. 01-752-MPT, August 24, 2007.

Thynge, M.J.  The Court adopts defendants’ proposed claim constructions.

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Unfair competition claim is defeated in summary adjudication; other motions are denied

TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, August 23, 2007.

Robinson, J.  Defendant’s motion for summary judgment of non-infringement is denied. Defendant’s motion for summary judgment of invalidity due to indefiniteness is denied.  Plaintiff’s motion to dismiss five “standards-based” counterclaims is denied.  Defendant can not present its fraud theory at trial because it cannot prove damages.  Plaintiff’s motion for summary judgment relating to unfair competition is granted in part but denied as to fraud, equitable estoppel, implied license and promissory estoppel.

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Court limits expert testimony in Daubert rulings

TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, August 23, 2007.

Robinson, J.  The Court grants two Daubert motions and denies third without prejudice.  Fourth Daubert motion is unopposed.

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Claims relating to cell phone networks are construed

TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, August 23, 2007.

Robinson, J.  The Court construes seven of eight disputed terms.

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