Denial of JMOL and new trial motions and entry of permanent injunction

B. Braun Melsungen AG, et al. v. Terumo Medical Corporation, et al., C. A. No. 09-347-LPS, April 21, 2011.

Stark, J.  The Court denied both parties’ JMOL motions and motions for a new trial and entered judgment consistent with the jury verdict. Permanent injunction proposed by defendants entered, effective immediately.

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Summary judgment denied in dispute over web site design

Oracle Corporation and Oracle America, Inc. v. Parallel Networks, LLC., Civ. No. 06-414-SLR, April 29, 2011.

Robinson, J.  Plaintiff’s motion for summary judgment of non-infringement is denied.  Defendant’s motion for partial summary judgment of literal infringement is denied.

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Stay granted pending reexamination

CIMA Labs Inc., et al. v. Mylan Pharmaceuticals, Inc., C. A. No. 10-625-LPS, April 18, 2011.

Stark. J.  Defendant’s motion to stay the lawsuit pending resolution of two reexamination proceedings is GRANTED.

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Summary judgment of infringement is granted in stent case

Boston Scientific Corporation, et al. v. Cordis Corporation, Civ. No. 10-315-SLR, April 13, 2011.

Robinson. J.  Defendant’s motion to stay trial on damages and willfulness pending reexamination is denied; motion to submit supplemental brief in support of motion to stay is denied as moot; plaintiff’s motion for summary judgment of infringement is granted; defendant’s motion for partial summary judgment on the date of the hypothetical negotiation is denied; summary judgment is granted sua sponte in favor of plaintiff with respect to the date of hypothetical negotiation; defendant’s motion to exclude expert from relying on outcome of prior case in reasonable royalty analysis is denied; plaintiff’s motion to preclude damages testimony based on incorrect hypothetical negotiation dates is granted.

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Plaintiff is permitted to supplement its complaint

Carl Zeiss Meditec, Inc., et al. v. Xoft, Inc., C. A. No. 10-308-LPS/MPT, April 5, 2011.

Thynge, M. J.  Magistrate recommends motion to amend the complaint be treated as a motion to supplement and be granted.

 

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Claim construction opinion issues relating to video technology

BigBand Networks, Inc. v. Imagine Communications, Inc., Civ. No. 07-351-LPS, March 24, 2011.

Stark, J.  The court construes seven terms as used in four patents.

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Claim construction issues in ANDA case

Mylan Pharmaceuticals Inc. v. Galderma Laboratories, Inc., et al., Civ. No. 10-892-LPS, March 24, 2011.

Stark, J.  The court construes disputed terms in ANDA dispute involving generic version of Oracea.

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Claims are construed and judgment entered in favor of plaintiffs in ANDA case

Cephalon, Inc. and Cima Labs, Inc. v. Watson Pharmaceuticals, Inc., et al., Civ. No. 09-724-SLR, Civ. No. 08-330SLR March 24, 2011.

Robinson, J.  Judgment in favor of plaintiffs is entered on No. 09-724.  Defendants’ motion to strike expert testimony is denied in part and denied in part as moot.  Plaintiffs’ motion to strike defendants’ notice of subsequent authority is denied as moot.  Defendants’ motion to vacate the 10/28/10 order staying launch of generic drug is denied.  The court construes three disputed terms.  Judgment in favor of defendants is entered in No. 08-330 in a separate opinion.

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Medical device patents are held valid but not infringed

Medtronic, Inc. v. Boston Scientific Corporation, et al., Civ. No. 07-823-SLR, March 30, 2011.

Robinson, J.  The court makes post-trial findings of fact and conclusions of law and directs entry of judgment in favor of plaintiff as to noninfringement and in favor of defendants as to validity and enforceability.

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Case is transferred to New York

Medicis Pharmaceutical v. Nycomed U.S. Inc. and Nycomed GMBH, Civ. No. 10-419-SLR, March 31, 2011.

Robinson, J.  Defendant’s motion to transfer is granted; alternative motion to stay is denied as moot.

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