Lanham Act claims are dismissed. Complaint may not be amended after close of discovery

Robert Bosch LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, October 19, 2009.

Robinson, J.  Plaintiff’s motions to reconsider dismissal of Lanham Act claim and to amend the pleadings to add an inequitable conduct claim are denied.

Continue Reading...

Court finds patent is valid and infringed after bench trial in ANDA case

Alcon, Inc. And Alcon Research, LTD. v., Teva Pharmaceuticals USA, Inc., Civ. No. 06-234-SLR, October 19, 2009.

Robinson, J.  The Court finds in favor of plaintiff and against defendant on infringement and validity following bench trial.

Continue Reading...

Motion to transfer venue is denied

Ethicon Endo-Surgery, Inc. v. Hologic, Inc., and Suros Surgical Systems, Inc., C.A. No. 09-580-JJF, October 15, 2009.

Farnan, J.  Defendants’ motion to transfer venue is denied.

Continue Reading...

Prior art precluded as untimely; Further briefing on on-sale bar is ordered

Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath and Body Works, LLC, Civil Action No. 06-601-JJF, October 14, 2009.

Farnan, J.  Defendants’ motion for summary judgment on invalidity is denied. Defendants’ motion for leave to supplement is granted and plaintiffs’ motion to preclude is granted. Further briefing is ordered with regard to defendants’ motion for summary judgment pursuant to §102(b).

Continue Reading...

Wyeth v. Intervet et al.

Tristrata Technology v. Vivant Pharmaceuticals et al.

BAE Systems v. Aeroflex

Shelbyzyme LLC v. Genzyme Corp.

Order imposing sanctions remanded for further consideration in light of recent Third Circuit decision

Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. Act. No. 05-245-JJF, October 6, 2009.

Farnan, J.  Motion to vacate or set aside order imposing sanctions is granted and matter is remanded to the Magistrate Judge for further consideration.

Continue Reading...

Earlier Markman decision is modified and finds two claims indefinite

Girafa.com, Inc. v. IAC Search & Media, Inc., et al., Civ. No. 07-787-SLR, September 25, 2009.

Robinson, J.  The Court amends earlier Markman decision following further review of the disputed terms.

Continue Reading...

Discovery on antitrust and patent misuse claims is stayed

Eurand Inc., Cephalon Inc., and Anesta AG v. Mylan Pharmaceuticals Inc., et al., Civ. No. 08-889-SLR, October 1, 2009.

Robinson, J.  Plaintiffs’ motion to sever and stay discovery on antitrust and patent misuse claims is granted.

Continue Reading...

Amendment of complaint is allowed to encompass additional patents

Infineon Technologies AG, et al. v. Fairchild Semiconductor International, et al., Civ. No. 08-887-SLR-LPS, September 30, 2009.

Stark, M. J.  Plaintiffs’ motion to amend their complaint to additional patents is granted. Costs associated with the motion are denied.

Continue Reading...

Magistrate recommends denial of dismissal and transfer motions

Autodesk Canada Co. v. Assimilate, Inc., Civ. No. 08-587-SLR-LPS, September 29, 2009.

Stark, M. J.  Magistrate recommends denial without prejudice of Defendant’s motion to dismiss, or alternatively for summary judgment or transfer of venue.

Continue Reading...

Post-remand schedule issues in stent case

Cordis Corporation v. Boston Scientific Corp. and Scimed Life Systems, Inc., Civ. No. 03-027-SLR, September 30, 2009.

Robinson, J.  After remand following liability trial, the Court orders separate trials before different juries.

Continue Reading...

Counsel are disqualified based on attorney's prior representation

Apeldyn Corporation v. Samsung Electronics Co., LTD., Civ. No. 08-568-SLR, September 30, 2009.

Robinson, J.  Defendants’ motion to disqualify plaintiff’s counsel is granted.

Continue Reading...

Partial summary judgment granted on invalidity motion

Sepracor Inc. v. Dey, L.P. and Dey, Inc., Civil Action No. 06-113- JJF, September 24, 2009.

Farnan, J.  Defendant’s motion for summary judgment on invalidity is granted in part. Plaintiff’s motion for summary judgment of no anticipation is denied.

Continue Reading...

Court affirms Clerk's taxation of costs in most respects

Honeywell International, Inc. v. Hamilton Sunstrand Corp., Civil Action No. 99-309-GMS, September 30, 2009.

Sleet, C. J.  Defendant, as the prevailing party, moved for review Clerk’s taxation of costs. The Court affirmed the Clerk’s taxation of costs in all respects except for costs associated with a bond to stay execution of judgment pending appeal. Defendant is entitled to those costs

Continue Reading...
Tags: ,