Motion to transfer denied despite lack of "home turf" advantage

Apple Inc. and NeXT Software, Inc. f/k/a NeXT Computer, Inc. v. High Tech Computer Corp., a/k/a HTC Corp., et al., C. A. No. 10-166-167-GMS, January 14, 2011.

Sleet, C. J.  Defendant’s motion to transfer venues to the Northern District of California is denied.

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Double patenting motion is granted; mismarking to be tried to the bench

Tyco Healthcare Group, LP v. C.R. Bard, Inc., and Davol, Inc., Civ. No. 09-264-SLR, January 20, 2011.

Robinson, J.  Plaintiff’s motion to bifurcate false marking claims is granted in part and denied in part; plaintiff’s motion to strike portions of expert report is denied; defendants’ motion to amend disputed claim chart is denied as moot; plaintiff’s motion for summary judgment for obviousness-type double patenting is granted; defendants’ motion for summary judgment regarding mismarking is granted – intent and damages to be tried to the court following jury trial; defendants’ motion for summary judgment as to invalidity due to inadequate written description is denied as moot; defendants’ motion for summary judgment of non-infringement is granted in part and denied in part; plaintiff’s motion for leave to serve supplemental expert report is denied.

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Double damages are awarded, but no attorneys' fees

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C. A. No. 04-1371-LPS, January 18, 2011.

Stark, J.  Defendant’s post-trial motion to amend findings of fact is denied; plaintiff’s motion to declare case exceptional and award attorneys’ fees and treble damages is granted in part and denied in part.

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Motion to reinstate earlier breach of contract decision is granted

Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, January 13, 2011.

Robinson, J.  Plaintiff’s motion to vacate the dismissal of the breach of contract claim and reinstate earlier opinion is granted.

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Bid to transfer litigation to California fails

Apple Inc. v. High Tech Computer Corp., a/k/a HTC Corp., et al., C. A. No. 10-544-GMS, January 18, 2011.

Sleet, C. J.  Defendants’ motion to transfer is denied.

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Wireless network patents held valid but not infringed

Autocell Laboratories, Inc. v. Cisco Systems Inc., Civ. No. 08-760-SLR, January 5, 2011.

Robinson, J.  Defendant’s motion for summary judgment of noninfringement is granted. Plaintiff’s motion for summary judgment of infringement is denied. Defendant’s motions for summary judgment of invalidity are denied.

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Defendants are enjoined from marketing generic cinacalcet hydrochloride tablets

Brigham and Women’s Hospital Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., Civil Action No. 08-464-HB, January 7, 2011.

Bartle, J.  (by designation) Court finds patents-in-suit are valid and enjoins defendants from manufacturing and selling their generic cinacalcet hydrochloride tablets prior to the expiration of the patents.

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Motion to transfer to defendant's home turf is granted

Jennifer L. Brinkmeier and Tecnimed SRL v. Exergen Corporation, Civ. No. 10-176-SLR, January 3, 2011.

Robinson, J.  Defendant’s motion to transfer is granted.

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Plaintiff is bound by Markman ruling in related litigation

Biovail Laboratories International SRL v. Intelgenx Corp., Civ. No. 09-605-LPS, December 27, 2010.

Stark, J.  Court construes two disputed terms.

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Stay pending reexam request is granted

Enhanced Security Research LLC, et al. v. Juniper Networks Inc., C. A. No. 10-605-LPS, December 27, 2010 (Mem. Order).

Stark, J.  Defendant’s motion to stay litigation pending reexamination proceedings is granted.

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Third party intervention allowed to challenge protective order

LG Display Co., Ltd. v. Au Optronics Corporation, et al., Civil Action No. 06-726-LPS, December 29, 2010.

Stark, J.  Third party Anvik’s motion for limited intervention to obtain copies of evidence is granted in part and denied in part.

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