Motion to strike inequitable conduct defenses succeeds only in part

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309-JJF-LPS, December 18, 2009.

Stark, M.J.  Magistrate recommends granting in part and denying in part Defendants’ motion to strike defenses and counterclaims of inequitable conduct and patent misuse.

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Transfer to California is granted

Qinetiq Limited v. Oclaro, Inc., Civil Action No. 09-372-JAP, December 18, 2009.

Pisano, J.  Defendant’s motion to transfer the litigation to the Northern District of California is granted.

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Application for a permanent injunction is denied

IGT v. Bally Gaming International, Inc., et al., Civ. No. 06-282-SLR, December 22, 2009.

Robinson, J.  Plaintiff’s motion for a permanent injunction is denied.

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Recommendation for claim construction issues

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309a-JJF-LPS, December 18, 2009.

Stark, M.J.  This is a report and recommendation of the magistrate regarding claim construction of the disputed terms of the patents-in-suit.

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Defendant permitted to amend answer to add inequitable conduct claim

ICU Medical, Inc. v. Rymed Technologies, Inc., Civil Action No. 07-468-JJF, December 16, 2009.

Farnan, J.  Defendant's Motion To Modify Scheduling Order And For Leave To File Second Amended Answer and Counter-Plaintiff's Counterclaims is granted.  Plaintiff's Motion For Leave To File Sur-Reply is also granted.

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Discovery rulings issue in ANDA case

Eurand, Inc., Cephalon, Inc. and Anesta AG v. Mylan Pharmaceuticals, Inc., et al., C.A. No. 08-889-SLR-MPT; Eurand, Inc., Cephalon, Inc. and Anesta AG v. Impax Laboratories, Inc., C.A. No. 09-18-SLR-MPT, December 9, 2009.

Thynge, M.J.  Defendant’s request for lab notebooks and other R&D documents relating to a product other that covered by the patent-in-suit is denied. Defendant’s request for disclosure of secondary considerations evidence is granted.

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Markman decision issues relating to intravenous medical connector valves

ICU Medical, Inc. v. Rymed Technologies, Inc., Civil Action No. 07-468-JJF, December 3, 2009.

Farnan, J.  The court issues claim constructions.

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On-sale bar invalidates Honeywell's patent

Honeywell International, Inc., et al. v. Nikon Corporation, et al., C.A. No. 04-1337-JJF, December 4, 2009.

Farnan, J.  Defendants’ motion for summary judgment of invalidity is granted.

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Amended and supplemental pleadings are permitted

Mallinckrodt Inc., et al. v. E-Z-EM Inc. and Acist Medical Systems, Inc., C.A. No. 09-228-JJF, December 3, 2009.

Farnan, J.  Plaintiffs’ motion for leave to file an amended and supplemental complaint is granted; Defendants’ motion to strike is denied as moot.

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Iqbal does not require increased pleading specificity in patent cases

Mark IV Industries Corp. v. Transcore, L.P., et al., C.A. No. 09-418-GMS, December 2, 2009.

Sleet, C. J.  Defendants’ motion to dismiss for failure to state a claim and for bad faith and breach of a settlement agreement is denied.

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Transfer motion is denied despite pending related action where defendants are Delaware corporations

Mallinckrodt Inc. and Liebel-Flarsheim Co. v. E-Z-EM Inc. and Acist Medical Systems, Inc., C.A. No. 09-228-JJF, November 20, 2009.

Farnan, J.  Defendants’ Motion To Dismiss For Failure To State A Claim Under Rule 12(b)(6) is granted as to the indirect infringement claims, but denied as to the direct infringement claim.  Plaintiffs will be given leave to amend.  Defendants’ Motion to Transfer is denied.

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Consolidated cases are transferred to California

Teleconference Systems v. Proctor and Gamble Pharmaceuticals, Inc., Civil No. 09-200-JBS/JS, November 25, 2009.

Schneider, M. J.  Cisco's request to stay the Cisco action until its California declaratory judgment action is concluded is denied. Furthermore, Cisco and H-P’s requests to stay and sever plaintiff's customer claims and only transfer plaintiff's claims against Cisco and H-P to California are denied. Except as to the individual defendant, Cisco and H-P’s request to transfer the entirety of these actions to California is granted. Plaintiff's claim against the individual defendant will be severed and stayed and will remain in Delaware.

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Delaware forum is upheld despite related cases in Illinois

Stored Value Solutions Inc. v. Card Activation Technologies Inc., C.A. No. 09-495-JJF, November 20, 2009.

Farnan, J.  Defendant’s motion to transfer to the Northern District of Illinois is denied.

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New trial application fails; pre and post judgment interest is awarded

St. Clair Intellectual Property Consultants, Inc. v. Fuji Photo Film Co., Ltd., et al., Civ. Act. No. 03-241-JJF, November 19, 2009.

Farnan, J.  Plaintiff’s Motion For New Trial On Damages Pursuant To Fed.R.Civ.P. 59, Or In The Alternative, Motion For Prejudgment And Post-Judgment Interest will be denied to the extent a new trial is sought and granted to the extent that prejudgment and post-judgment interest is sought.  In addition, Plaintiff’s Motion For A New Trial On Infringement will be denied because the Court has not modified it claim construction.  The Final Judgment Order in this case will be amended to reflect the Court's prejudgment and post-judgment interest rulings.

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