Court makes evidentiary rulings; willfulness and damages are bifurcated
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 30, 2007.
Robinson, J. The court makes evidentiary rulings on issues raised at the pretrial conference.
Pfizer prevails in Lipitor battle
Pfizer Inc., et. al. v. Ranbaxy Laboratories, Limited et al., C.A. No. 07-138-JJF, November 29, 2007.
Farnan, J. Plaintiffs’ motions to dismiss in part declaratory judgment counterclaims and to dismiss and for partial summary judgment on the pleadings are granted.
Experts' testimony is limited in golf ball case
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. The Court grants plaintiff’s Daubert motion. Defendant’s motion to exclude plaintiff’s expert is granted in part.
Patentee prevails on anticipation and breach of contract claims
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. Plaintiff’s motions for summary judgment of breach of contract and no anticipation are granted. Defendant’s motion for summary judgment of no breach of contract, invalidity, and incorporation by reference are denied.
Two claims are construed in golf ball dispute
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. The court construes two terms relevant to golf ball technology.
Actual controversy exists despite removal of accused references from website
Cordance Corporation v. Amazon.com.Inc., C.A. No. 06-491-MPT, November 20, 2007.
Thynge, M.J. Motion to dismiss counterclaim of infringement on the basis of no actual controversy is denied.
Direct infringement dispositive motions are denied; noninfringement under the DOE is granted where no element analysis was provided
Thynge, M.J. Cross motions for summary judgment of infringement/noninfringement are denied as to literal infringement. Defendant’s motion for summary judgment of noninfringement under the doctrine of equivalents is granted.
Summary judgment of invalidity denied in LCD case
Thynge, M.J. Defendant’s motion for summary judgment of invalidity based upon anticipation is denied.
Two claims are found to be anticipated by art considered by the examiner
Thynge, M.J. Defendant’s motion for summary judgment that three claims of the patent-in-suit are anticipated is granted as to two claims and denied as to the third.
Failure to disclose the best mode defense prevails in LCD case
Thynge, M.J. Defendant’s motion for summary judgment for failure to disclose the best mode is granted.
Case dismissed due to first-filed action in Texas against related party
Time Warner Cable, Inc., v. USA Video Technology Corp., C.A. No. 06-387-***, October 31, 2007.
Thynge, M.J. Defendant’s motion to dismiss the complaint in favor of a first filed action in Texas is granted. The motion to stay or transfer to Texas is denied as moot. Plaintiff’s motion to enjoin duplicative litigation is denied as moot.
Defendant is enjoined from marketing its DHA products
Martek Biosciences Corporation v. Nutrinova Inc., et al., C.A. No. 03-896-GMS, October 30, 2007.
Sleet, C.J. The court denies defendant’s motions for JMOL of noninfringement of one patent and invalidity of a second patent . It granted in part JMOL of invalidity of a third patent. It further grants plaintiff’s motion for JMOL of infringement of the first patent and for a permanent injunction.
