Court construes claims but declines to rule on indefiniteness

Parker-Hannifin Corporation v. Zippertubing (Japan), LTD., C.A. No. 06-751-MPT, November 18, 2008.

Thynge, M.J.  The Court issued claim construction rulings for nine terms from three patents.

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Court lacks jurisdiction over settlement agreement in the absence of order

Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, November 10, 2008.

Robinson, J.  Defendant’s motion to dismiss breach of contract claim is granted and the grant of summary judgment is vacated.

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Stay of injunction pending appeal is denied

Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, November 10, 2008.

Robinson, J.  Defendant’s post-trial motion for JMOL or a new trial following jury verdict on validity is denied.  Plaintiff’s motion for a permanent injunction is granted by separate order and stay of that order pending appeal is denied.

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$34 million verdict survives post trial challenge

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, November 7, 2008.

Farnan, J.  Defendants’ motion for judgment as a matter of law or for a new trial regarding invalidity of the patent-in-suit is denied.

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JMOL on close question is denied

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, November 7, 2008.

Farnan, J.  Defendants’ motion for JMOL of noninfringement and invalidity is denied.

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Willful infringement claim falls on summary judgment

Honeywell International, Inc., et al. v. Universal Avionics Systems Corp., et al., C.A. No. 02-359-MPT, November 12, 2008.

Thynge, M.J. Defendant’s motion for summary judgment regarding no willful infringement is granted.

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Relitigation of lost profits was precluded by prior ruling on related patents

Honeywell International, Inc., et al. v. Universal Avionics Systems Corp., et al., C.A. No. 02-359-MPT, November 12, 2008.

Thynge, M.J.  Defendants’ motion to preclude plaintiff from relitigating lost profits based on issue preclusion is granted.  Defendant Universal’s motion to preclude lost profits based on double recovery, judicial estoppel and/or implied license is moot.  Defendants’ motion for reconsideration is denied.

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DJ plaintiff's forum-seeking strategy results in dismissal

Innovative Therapies, Inc. v. Kinetic Concepts, Inc., et al., Civ. No. 07-589-SLR/LPS, November 5, 2008.

Robinson, J.  Defendants’ motion to dismiss this lawsuit seeking declaratory relief is granted.

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Stay is entered pending resolution of ownership

McKesson Automation, Inc. v. Swisslog Italia S.P.A., et al., Civ. No. 06-28-SLR/LPS, November 5, 2008.

Robinson, J.  Defendants’ motion to dismiss for lack of standing is stayed.  Other pending motions are denied without prejudice to renew.

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Use of opposing party's expert's transcript is not automatically barred

Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al., No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation, No. 05-340-SLR, November 5, 2008.

Robinson, J. The Court provides pre-trial guidance as to when a party may use the deposition testimony from the opposing party’s expert who is not expected to testify at trial.

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Court declines to toll 30-month stay in ANDA case

In Re: Brimonidine Patent Litigation, MDL Docket No. 07-md-1866 GMS, October 31, 2008.

Sleet, C.J.  Plaintiff’s motion to stay the action against Excela and toll the 30-month stay, and for leave to use information produced under the protective order in a citizen’s petition to the FDA is denied.

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Court declines to stay permanent injunction pending appeal

Becton Dickinson and Company v. Tyco Healthcare Group LP, C.A. No. 02-1694a-GMS, October 29, 2008.

Sleet, C.J.  Plaintiff’s post-trial motions for an award for damages and prejudgment interest is granted.  Plaintiff’s motion for a permanent injunction is granted in part and denied in part.

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