A jury instruction regarding FDA letters is appropriate

Sunovion Pharmaceuticals Inc. v. Dey Pharma., L.P., et al., Civil Action No.06-113-LPS, January 27, 2012.

Stark, J.  Motion for reconsideration granted in part and denied in part.

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Claim construction ruling issues in internet filtering technology dispute

Personalized User Model LLP v. Google Inc., Civ. No.09-525-LPS, January 25, 2012.

Stark, J.  Court rules after Markman hearing and post-hearing letter briefing.  The 52-page opinion was unsealed January 26, 2012.

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Transfer and dismissal motions are denied; cases are consolidated

Intellectual Ventures I LLC, et al. v. Altera Corporation, et al., C. A. No.10-1065-LPS, January 23, 2012.

Stark, J.  Defendants’ motion to transfer is denied. Defendants’ motion to dismiss or consolidate is denied as to dismissal and granted as to consolidation.

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Summary judgment rulings issue in DNA sequencing dispute

LadaTech, LLC v. Illumina, Inc. and Solexa, Inc., Civ. No.09-627a-SLR, January 24, 2012.

Robinson, J.  Defendants’ motion for summary judgment of invalidity and expiration is denied.  Plaintiff’s motion for summary judgment of no anticipation by certain references is granted.  Defendants’ motion for summary judgment of noninfringement is granted in part and denied in part.

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Claim construction issues in DNA sequencing technology dispute

LadaTech, LLC v. Illumina, Inc. and Solexa, Inc., Civ. No.09-627-SLR, January 24, 2012.

Robinson, J.  Court resolves claim construction of 11 disputed terms.  See also related memorandum opinion of the same date regarding dispositive motions.

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Claims in fourth amended complaint survive motion to dismiss

Xpertuniverse, Inc. v. Cisco Systems, Inc., Civil Action No.09-157-RGA, January 20, 2012.

Andrews. J.  Defendant’s motion to dismiss certain claims in plaintiff’s fourth amended complaint or, in the alternative, to strike is denied.

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Portions of patent deemed incorporated by reference for anticipation defense

Sunovion Pharmaceuticals Inc. v. Dey Pharma., L.P., et al., Civil Action No.06-113-LPS, January 18, 2012.

Stark. J.  Court rules that the host document incorporates by reference the practical utility of compounds described in a second patent; thus material will be considered together as a single reference for purposes of anticipation.

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Claim construction report and recommendation is adopted with one exception

Masimo Corporation v. Philips Electronics North America Corp., et al., C. A. No.09-80-LPS-MPT, January 17, 2012.

Stark. J.  Objection to claim construction report and recommendation is denied in part and granted in part.

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Misconstruction of claim construction did not support grant of JMOL

McKesson Automation, Inc. v. Swisslog Italia S.P.A. and Translogic Corporation, Civ. No.06-028-SLR, January 12, 2012.

Robinson. J.  Renewed motion for JMOL and motion for new trial or to alter or amend judgment are denied.

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Post trial relief is denied; non-infringement verdict stands.

Grape Technology Group, Inc. and KGB, Inc. v. Jingle Networks, Inc., Civ. A. No. 08-408-GMS, January 9, 2012.

Sleet, C. J.  Plaintiff’s motion for a new trial is denied. Defendant’s motion for JMOL of invalidity is denied.  Defendant’s motion for attorneys’ fees is denied.

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Transfer was appropriate where plaintiff was not a Delaware corporation

Wacoh Company v. Kionix Inc., et al., Civil Action No. 10-617-RGA, January 9, 2012.

Andrews, J.  Motion to sever granted; motions to transfer granted.

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Defendants abandoned their inequitable conduct counterclaim

Laboratory Skin Care, Inc. v. Limited Brands, Inc., et al., Civil Action No. 06-601-LPS, January 3, 2012.

Stark, J.  Form of final judgment will be entered by a separate document and bill of costs stricken without prejudice.

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