Delaware corp.'s plea to transfer to forum of second-filed DJ action succeeds

Synthes USA, LLC, et al. v. Spinal Kinetics, Inc., Civ. No. 08-838-SLR, February 24, 2009.

Robinson, J.  Defendant’s motion to transfer venue of this matter to the Northern District of California is granted.

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Objection to M.J.'s report declining to dismiss Defendant's U.S. subsidiary is overruled

AstraZeneca Pharmaceuticals LP, et al. v. Aurobindo Pharma Limited, et al., MDL No. 08-1949-JJF-LPS, Civ. No. 07-810-JJF-LPS, February 25, 2009.

Farnan, J.  Objection to the Magistrate Judge’s ruling is overruled and the Magistrate Judge’s disposition of Defendant Aurobindo’s motion to dismiss is adopted by the court.

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Court declines to dismiss antitrust claims other than restraint of trade count

Ethypharm S.A. France v. Abbott Laboratories, Civ. No. 08-126-SLR, February 20, 2009.

Robinson, J.  Defendant’s motion to dismiss is granted in part and the common law restraint of trade count is dismissed without prejudice. The motion is denied in all other respects.

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Motion to dismiss inventorship action is denied without prejudice

Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No. 08-290-SLR, February 18, 2009.

Robinson, J.  Defendant’s motion to dismiss or transfer is denied without prejudice.

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Motion to dismiss for insufficient pleading is denied

S.O.I. TEC Silicon On Insulator Technologies, S.A., et al. v. MEMC Electronic Materials, Inc., Civ. No. 08-292-SLR, February 20, 2009.

Robinson, J.  Defendant’s motion to dismiss, or alternatively for a more definite statement, is denied.

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DJ action is dismissed in the absence of actual controversy

Edmunds Holding Company, et al. v. Autobytel Inc., Civ. No. 08-149-SLR, February 20, 2009.

Robinson, J.  Defendant’s motion to dismiss the action for lack of subject matter jurisdiction is granted.

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Delaware corporation's motion to transfer copyright action is denied

Andrew Paul Leonard v. Stemtech Health Sciences, Inc., et al., Civ. No. 08-67-JJF, December 19, 2008.

Farnan, J.  Defendants’ motion for change of venue is denied.

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Stay pending reexam is denied

Power Integrations, Inc. v. Fairchild Semiconductor Intl. Inc., et al., Civ. No. 08-309-LPS, December 19, 2008.

Stark, M. J.  Defendants’ motion to stay the litigation pending reexamination is denied.

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Covenant not to sue does not defeat subject matter jurisdiction

Dey, L.P. and Dey, Inc. v. Sepracor, Inc., Civ. No. 08-372-JJF, January 30, 2009.

Farnan, J.  Defendant’s motion to dismiss for lack of subject matter jurisdiction is denied.

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Tentative claim construction opinion issues re LCD technology

Honeywell International, Inc. and Honeywell Intellectual Properties Inc., v. Nikon Corporation, et al., C.A. No. 04-1337-JJF, December 9, 2008.

Farnan, J.  A claim construction opinion is issued tentatively.

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Untimely motion to amend to assert inequitable conduct is granted in part

Cordance Corporation v. Amazon.com, Inc., Civ. No. 06-491-MPT, February 18, 2009.

Thynge, M. J.  Magistrate grants in part defendant’s motion to amend to add new inequitable conduct counterclaims.

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Confidentiality Order does not apply to reexamination proceedings

Kenexa Brassring Inc. v. Taleo Corporation, Civ. No. 07-521-SLR, February 18, 2009.

Robinson, J.  Defendant's motion for clarification of the confidentiality protective order is granted.  Court finds that the order does not relate to reexaminations.

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Motion to amend answer is granted 2 1/2 years after action began

St. Clair Intellectual Property Consultants, Inc. v. Samsung Electronics Co., LTD, et al., Civ. No. 04-1436-JJF-LPS, February 17, 2009.

Stark, M.J.  Defendant’s motion for leave to amend the answer and affirmative defenses is granted.

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Markman decision issues for skin care patent

 

Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath and Body Works, LLC, Civ. No. 06-601-JJF, February 11, 2009.

Farnan, J.  The Court issues a claim construction ruling on 6 disputed terms following a Markman Hearing.

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Court denies competing discovery motions where both parties contributed to delay and plaintiff has access to requested information

CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.

Farnan, J.  Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.

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Court denies competing discovery motions where both parties contributed to delay and plaintiff has access to requested information

CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.

Farnan, J.  Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.

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Court denies competing discovery motions where both parties contributed to delay and plaintiff has access to requested information

CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.

Farnan, J.  Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.

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Post-judgment interest award is enhanced

True Position, Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, January 26, 2009.

Robinson, J.  Motion to Amend August 1, 2008 Order with regard to prejudgment and post-judgment interest is granted in part and denied in part.

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Stay pending appeal of infringement judgment is denied in continuing infringement action

St. Clair Intellectual Propety Consultants, Inc. v. Fujifilms Holding Corporation, et al., Civ. No. 08-373-LPS, January 27, 2009.

Stark, M.J.  Defendants’ motion to stay second action pending appeal of first related action is denied.

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Plaintiff's request to add additional inventors under §256 is denied

Vanderbilt University v. ICOS Corporation, Civ. No. 05-506-SLR, January 27, 2009.

Robinson, J.  Court denies plaintiff’s request to add its scientist employees as inventors to the two patents-in-suit assigned to defendant.

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Markman decision relies on Patent Appeals Board transcript

Simplification, LLC v. Block Finance Corporation, et al., Civ. No. 03-355-JJF, January 23, 2009.

Farnan, J.  The Court construes 13 disputed terms in two patents following a Markman Hearing.

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Patents-in-suit declared unenforceable due to spoliation of evidence and defendant's bad faith litigation conduct

Micron Technology, Inc. v. Rambus Inc., Civ. No. 00-792-SLR, January 9, 2009.

Robinson, J.  Court declares patents-in-suit unenforceable following bench trial on issues of alleged spoliation of evidence and unclean hands by defendant.

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