Summary judgment is denied where expert testimony conflicts

Crown Packaging Technology, Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, October 5, 2007.

Thynge, M.J.  Plaintiff’s motion for summary judgment to dismiss counterclaims of invalidity and non-infringement is denied.


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Claims are construed relating to LCD technology

Commissariat A L’Energie Atomique v. Samsung Electronics Co., et al., C.A. No. 03-484-MPT, October 3, 2007.

Thynge, M.J.  Claim construction decision is issued.


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Stay pending reexamination is granted

Abbott Diabetes Care, Inc., v. Dexcom, Inc., C.A. No. 06-514-GMS, September 30, 2007.

Sleet, C.J.  Defendant’s motion to strike the complaint is denied.  Dexcom’s motion to consolidate this proceeding and to stay this proceeding pending reexamination of the seven patents-in-suit is granted.


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Covenant not to sue moots first of two challenges to subject matter jurisdiction

Abbott Laboratories, et al., v. Johnson and Johnson, et al., C.A. No. 06-613-SLR, September 27, 2007.

Robinson, J.  Defendants’ first motion to dismiss for lack of subject matter jurisdiction is denied as moot.  Decision on second motion filed after covenant not to sue was executed remains pending.


 

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Summary judgment in antitrust action is denied; jurisdictional and venue defenses are upheld

Howard Hess Dental, et al., v. Dentsply International, Inc., C.A. Nos. 99-255-SLR and 01-267, September 26, 2007.

Robinson, J.  Plaintiff’s motion for summary judgment is denied.  Defendants’ motion to dismiss for lack of personal jurisdiction and improper venue is granted.

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JMOL and new trial requests are denied

Cordis Corporation v. Boston Scientific Corporation, et al., C.A. Nos. 03-027-SLR and 03-283-SLR, September 24, 2007.

Robinson, J.  Cordis’ motion for judgment as a matter of law or for a new trial is denied.



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KSR does not change existing law regarding presumption of validity

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, September 20, 2007.

Farnan, J.  The Court requested briefing on whether the statutory presumption of validity is weakened as a result of KSR v. Teleflex.  It concluded that KSR does not alter the statutory presumption of validity.


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