Accenture Global Services GMBH, et al., v. Guidewire Software Inc., Civ. No. 07-826-SLR, June 30, 2009.
Robinson, J. Defendant’s motion to dismiss tortious interference with business claim is denied; its motion to amend its answer to allege trade secret misappropriation claim is granted; and its motion to unseal its proposed amended answer is denied.
Continue Reading...In Re: Rembrandt Technologies, LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, June 29, 2009.
Stark, M.J. A motion to amend complaint filed by equipment vendors is granted. The Magistrate Judge further recommends that Rembrandt’s motion to strike or dismiss antitrust counter-counterclaims be denied as moot; and a motion for judgment on the pleadings relating to certain claims filed by the cable defendants be denied.
Continue Reading...Roquette Freres v. SPI Pharma, Inc., et al., C. A. No. 06-540-GMS-MPT, June 25, 2009.
Thynge, M. J. Certain defendants’ motions to dismiss for lack of personal jurisdiction are granted. Motions for leave to file a supplemental answering brief are granted.
Continue Reading...The Dow Chemical Company v. NOVA Chemicals Corporation and NOVA Chemicals, Inc., Civil Action No. 05-737-JJF, June 25, 2009.
Farnan, J. The Court construes five of six disputed terms in a 42-page opinion.
Continue Reading...State of Florida, et al., v. Abbott Laboratories, et al., Civ. No. 08-155-SLR, June 23 , 2009.
Robinson, J. Defendants’ request for discovery relating to rebates received for fenofibrate products is granted.
Continue Reading...SWIMC, Inc. v. Hy-Tech Thermal Solutions, LLC, et al., Civ. No. 08-084-SLR, June 24 , 2009.
Robinson, J. Plaintiff’s motion to compel discovery is granted.
Continue Reading...ING BANK fsb (d/b/a ING DIRECT), et al. v. The PNC Financial Services Group, Inc., et al., Civ. No. 08-514-LPS, June 22 , 2009.
Stark, M. J. Plaintiff’s motion to dismiss defendants’ counterclaim is denied.
Continue Reading...Belden Technologies, Inc. v. LS Corporation, et al., Civ. No. 08-823-SLR, June 17, 2009.
Robinson J. Defendants' motion to dismiss for insufficiency of service of process is denied. The Court denies without prejudice defendants' motions to dismiss for lack of personal jurisdiction and improper venue in order to allow jurisdictional discovery.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Research In Motion LTD., et al., Civil Action No. 08-371-JJF-LPS, June 10 , 2009.
Stark, M. J. Plaintiff’s unopposed Motion for Leave to File a First Amended Complaint and Defendant’s contested Motion for Leave to File Amended Answer and Counterclaims are granted.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Fujifilm Holdings Corporation, et al., Civil Action No. 08-373-JJF-LPS, June 10 , 2009.
Stark, M. J. Defendants’ Motion for Leave to Amend their Answer, Affirmative Defenses, Counterclaims and Jury Demand to add defenses and counterclaims based on inequitable conduct and patent exhaustion and/or license is granted.
Continue Reading...Trueposition Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, June 10 , 2009.
Robinson, J. Plaintiff’s application for costs to compensate for the consequences of post-verdict shipments of infringing product is reduced from $981,000 to $500,000.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Palm, Inc., et al., Civil Action No. 06-404-JJF-LPS, June 10 , 2009.
Stark, M. J. Plaintiff’s Motion for Leave to File a Third Amended Complaint is granted.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electrical Industrial Co. LTD., et al., Civil Action No. 04-1436-JJF-LPS, June 10 , 2009.
Stark, M. J. Plaintiff’s Motion for Leave to File a Second Amended Complaint is granted.
Continue Reading...Safety Braking Corp., et al. v. Six Flags Theme Parks Inc., et al., C.A. No. 07-127-JJF, June 9 , 2009.
Farnan, J. Defendants’ Motion to Transfer to the Central District of California is denied.
Continue Reading...Rembrandt Technologies, L.P. v. Harris Corporation ,Del. Super., C.A. No. 07C-09-059-JRS, May 22 , 2009.
Slights J. Defendant’s Motion to Stay is granted pending the entry of a final order on the Markman ruling in the multi-district federal patent litigation.
Continue Reading...In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949, Civ. No. 07-807-JJF-LPS, June 3 , 2009(redacted).
Stark, M. J. Plaintiff’s motion to compel is granted in part and denied in part.
Continue Reading...Quinstreet Inc. v. Parallel Networks, LLC, Civ. No. 06-495-SLR, May 28 , 2009.
Robinson J. Third-party defendant’s motion to dismiss the third-party complaint is denied; defendant’s motion to dismiss third-party defendant’s declaratory judgment claims for lack of jurisdiction over the person is denied; and plaintiff’s and defendant’s joint motion to dismiss the claims between them is granted.
Continue Reading...Software Rights Archive, LLC v. Google, Inc., et al., Misc. No. 07-017-JJF, May 21 , 2009.
Farnan J. Movants’ motion to compel the production of documents by third parties is granted.
Continue Reading...Roquette Freres v. SPI Pharma, Inc., et al., C.A. No. 06-540-MPT, May 21 , 2009.
Thynge, M. J. Defendant’s motion to amend its answer to add a defense and counterclaim based on inequitable conduct is granted. Plaintiff’s motion for leave to file a sur-reply is also granted and the arguments set forth therein were considered by the Court.
Continue Reading...Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. No. 05-245-JJF-LPS, May 26 , 2009.
Stark, M. J. Magistrate finds initial award of sanctions is appropriate on remand and extends order to include sanctions against both plaintiff and its counsel.
Continue Reading...Wilco AG v. Packaging Technologies & Inspection LLC, Civ. No. 08-635-SLR, May 19 , 2009.
Robinson J. The Court grants plaintiff's motion to dismiss counterclaim of tortuous interference with business relations and denies motion to dismiss the counterclaim of inequitable conduct.
Continue Reading...Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc., Civ. No. 07-190-SLR, May 15 , 2009.
Robinson J. Defendant’s motion for judgment as a matter of law or for a new trial and remittitur is granted in part and denied in part. Plaintiff’s motion for prejudgment interest is granted.
Continue Reading...W. L. Gore & Associates, Inc., et al. v.Label Technologies, Inc., C.A. No. 08-111-GMS, May 15 , 2009.
Sleet, C. J. Defendant’s motion to dismiss for lack of personal jurisdiction is denied. Based on that ruling, plaintiff’s request for jurisdictional discovery is denied as moot.
Continue Reading...Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No. 08-290-SLR, May 7 , 2009.
Robinson J. Plaintiff’s motion to set a trial date and defendant’s motion for reargument are both denied pending limited discovery.
Continue Reading...In Re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949, April 27, 2009.
Stark, M. J. Defendant’s motion to compel certain documents is denied.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Siemens AG, et al., Civil Action No. 06-403-JJF-LPS, May 4 , 2009.
Stark, M. J. Defendants’ motion to dismiss for lack of subject matter jurisdiction is denied.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electrical Industrial Co., Ltd., et al., Civil Action No. 04-1436-JJF-LPS, May 4 , 2009.
Stark, M. J. Hewlett-Packard’s motion to dismiss for lack of subject matter jurisdiction is denied.
Continue Reading...In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949-LPS, May 4 , 2009.
Stark, M. J. The Magistrate Judge issues a claim construction report and recommendation.
Continue Reading...Trueposition Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, April 30, 2009.
Robinson, J. Plaintiff’s motion for an accounting and entry of final judgment is granted. Plaintiff’s 60(b) motion for relief is granted. Defendant is required to remit additional infringement damages, pre- and post-judgment interest and punitive damages and fees and costs associated with these motions.
Continue Reading...In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949a-LPS, May 7 , 2009.
Stark, M. J. Defendants’ application for co-marketing is granted to the extent of plaintiff’s proposed compromise. The Court defers ruling on Plaintiff’s application for a defendant’s research and development efforts to allow for further attempts to compromise.
Continue Reading...IGT v. Bally Gaming International, Inc, et al., Civ. No. 06-282-SLR, April 28, 2009.
Robinson, J. Plaintiff's motion for summary judgment of infringement is granted in part and denied in part; defendants' motion for summary judgment of noninfringement is also granted in part and denied in part. Plaintiff’s motion for summary judgment of validity is granted. Defendants' motions for summary judgment of invalidity are denied. Plaintiff’s motion that defendants have no valid license defense is granted in part and denied in part as moot. Defendants' motion that it has a valid license defense is denied as moot.
Continue Reading...Spear Pharmaceuticals, Inc., et al. v. Blair & Company, LLC, et al., Civil Action No. 07-821-JJF, April 27, 2009.
Farnan, J. Defendants’ 12(b)(6) motions to dismiss supplemental complaint are denied.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Palm, Inc., et al., Civil Action No. 06-404-JJF-LPS, May 4 , 2009.
Stark, M. J. Magistrate recommends that the Motions for Jurisdictional Discovery and Hearing and to Dismiss for Lack of Subject Matter be denied and The Motion for Leave to File a Surreply is granted.
Continue Reading...IGT v. Bally Gaming International, Inc, et al., Civ. No. 06-282a-SLR, April 28, 2009.
Robinson, J. The Court issues a claims construction ruling on 13 disputed terms.
Continue Reading...Syed Iqbal Raza, M.D. v. Siemens Medical Solutions USA Inc., et al., C.A. No. 06-132-JJF, April 16, 2009.
Farnan, J. Defendants’ motion for judgment on the pleadings is granted.
Continue Reading...Rohm and Haas Electronic Materials, LLC v. Honeywell International, Inc., C.A. No. 06-297-GMS, April 16, 2009.
Sleet, C.J. Plaintiff’s motion to enforce the settlement agreement is granted but its request for attorneys’ fees and costs is denied.
Continue Reading...Alza Corporation and McNeil-PPC, Inc. v. Andrx Pharmaceuticals, LLC, et al., Civil Action No. 05-642-JJF, March 30, 2009.
Farnan J. Defendants' declaratory judgment counterclaims pertaining to one of the patents are dismissed without prejudice. Plaintiffs’ Motion To Strike Portions of Defendants' Post-Trial Findings of Fact is granted and Defendants' Contingent Cross Motion to Strike Portions of Plaintiffs' Post-Trial Findings Of Fact and Conclusions of Law is denied. In addition the Court finds the remaining patent-in-suit to be both invalid and not infringed.
Continue Reading...Symbol Technologies, Inc. v. Janam Technologies, LLC, Civil Action No. 08-340-JJF, March 31, 2009.
Farnan, J. The Magistrate Judge’s Report and Recommendations regarding tentative claim constructions in relation to a preliminary injunction motion is adopted in part and overruled in part.
Continue Reading...Dish Network Corporation, et al. v. Tivo, Inc., Civil Action No. 08-327-JJF, March 31, 2009.
Farnan, J. Defendant’s Motion to Dismiss is denied and the parties are directed to set forth their positions in briefing on transfer pursuant to 28 U.S.C. § 1404(a) to the Eastern District of Texas.
Continue Reading...Quantum Loyalty Systems, Inc. and Quantum Corporation of New York, Inc., v. TPG Rewards, Inc., Civ. No. 09-022-SLR, April 2, 2009.
Robinson, J. Defendant’s motion to transfer to the Southern District of New York is denied.
Continue Reading...Parker-Hannifin Corporation, et al. v. Seiren Co., Ltd., Civil Action No. 07-104-MPT, March 31, 2009.
Thynge, M.J. Defendant’s motion for attorney’s fees and expenses based on bad faith claim and its request for additional discovery is denied.
Continue Reading...Vygon v. Rymed Technologies, Inc., C.A. No. 08-172-GMS, March 31, 2009.
Sleet, C. J. Defendant’s Motion to Dismiss is granted in light of first-filed action pending in the Tennessee District Court.
Continue Reading...Symbol Technologies, Inc. et al. v. Aruba Networks, Inc., C.A. No. 07-519-JJF, March 30, 2009.
Farnan, J. Plaintiffs’ motion to strike certain portions of the defendant’s answer and counterclaim is granted in part.
Continue Reading...American Patent Development Corp., LLC v. Movielink, LLC, C.A. No. 07-605-JJF, March 27, 2009.
Farnan, J. The Court issues a claims construction ruling on 10 disputed terms and/or phrases and denies defendant’s motion to strike declaration of plaintiff’s expert submitted in support of plaintiff’s position.
Continue Reading...LivePerson, Inc. v. NextCard, LLC, et al., C.A. No. 08-062-GMS, March 20, 2009.
Sleet, C.J. Court grants defendants’ motion to dismiss for lack of personnel jurisdiction. Plaintiff’s motions for jurisdictional discovery and to amend are denied.
Continue Reading...Hewlett-Packard Company v. Acceleron, LLC, Civ. No. 07-650-SLR, March 10, 2009.
Robinson, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is granted.
Continue Reading...Forest Laboratories Inc., et al. v. Cobalt Laboratories Inc., et al., C.A. No. 08-21-GMS-LPS, March 9, 2009.
Stark, M.J. Plaintiffs’ motions to transfer action as to certain defendants is granted. Certain defendants’ motion to dismiss for lack of personal jurisdiction is dismissed as moot.
Continue Reading...In Re: Rembrandt Technologies, LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, March 6, 2009.
Stark, M.J. Defendants’ motion to retain and use non-party’s purportedly privileged documents was granted where privilege was waived due to lack of diligence.
Continue Reading...JP Morgan Chase & Co., et al. v. Affiliated Computer Services, Inc., Civ. No. 08-189-SLR, March 4, 2009.
Robinson, J. Defendants’ motion for leave to file an amended answer and counterclaim is granted.
Continue Reading...Takeda Pharmaceuticals Company, Ltd., et al. v. Teva Pharmaceuticals USA, Inc., Civ. No. 07-331-SLR, March 4, 2009.
Robinson, J. This matter arises as a pretrial evidentiary dispute
Continue Reading...Synthes USA, LLC, et al. v. Spinal Kinetics, Inc., Civ. No. 08-838-SLR, February 24, 2009.
Robinson, J. Defendant’s motion to transfer venue of this matter to the Northern District of California is granted.
Continue Reading...AstraZeneca Pharmaceuticals LP, et al. v. Aurobindo Pharma Limited, et al., MDL No. 08-1949-JJF-LPS, Civ. No. 07-810-JJF-LPS, February 25, 2009.
Farnan, J. Objection to the Magistrate Judge’s ruling is overruled and the Magistrate Judge’s disposition of Defendant Aurobindo’s motion to dismiss is adopted by the court.
Continue Reading...Ethypharm S.A. France v. Abbott Laboratories, Civ. No. 08-126-SLR, February 20, 2009.
Robinson, J. Defendant’s motion to dismiss is granted in part and the common law restraint of trade count is dismissed without prejudice. The motion is denied in all other respects.
Continue Reading...Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No. 08-290-SLR, February 18, 2009.
Robinson, J. Defendant’s motion to dismiss or transfer is denied without prejudice.
Continue Reading...S.O.I. TEC Silicon On Insulator Technologies, S.A., et al. v. MEMC Electronic Materials, Inc., Civ. No. 08-292-SLR, February 20, 2009.
Robinson, J. Defendant’s motion to dismiss, or alternatively for a more definite statement, is denied.
Continue Reading...Edmunds Holding Company, et al. v. Autobytel Inc., Civ. No. 08-149-SLR, February 20, 2009.
Robinson, J. Defendant’s motion to dismiss the action for lack of subject matter jurisdiction is granted.
Continue Reading...Andrew Paul Leonard v. Stemtech Health Sciences, Inc., et al., Civ. No. 08-67-JJF, December 19, 2008.
Farnan, J. Defendants’ motion for change of venue is denied.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor Intl. Inc., et al., Civ. No. 08-309-LPS, December 19, 2008.
Stark, M. J. Defendants’ motion to stay the litigation pending reexamination is denied.
Continue Reading...Dey, L.P. and Dey, Inc. v. Sepracor, Inc., Civ. No. 08-372-JJF, January 30, 2009.
Farnan, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is denied.
Continue Reading...Honeywell International, Inc. and Honeywell Intellectual Properties Inc., v. Nikon Corporation, et al., C.A. No. 04-1337-JJF, December 9, 2008.
Farnan, J. A claim construction opinion is issued tentatively.
Continue Reading...Cordance Corporation v. Amazon.com, Inc., Civ. No. 06-491-MPT, February 18, 2009.
Thynge, M. J. Magistrate grants in part defendant’s motion to amend to add new inequitable conduct counterclaims.
Continue Reading...Kenexa Brassring Inc. v. Taleo Corporation, Civ. No. 07-521-SLR, February 18, 2009.
Robinson, J. Defendant's motion for clarification of the confidentiality protective order is granted. Court finds that the order does not relate to reexaminations.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Samsung Electronics Co., LTD, et al., Civ. No. 04-1436-JJF-LPS, February 17, 2009.
Stark, M.J. Defendant’s motion for leave to amend the answer and affirmative defenses is granted.
Continue Reading...
Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath and Body Works, LLC, Civ. No. 06-601-JJF, February 11, 2009.
Farnan, J. The Court issues a claim construction ruling on 6 disputed terms following a Markman Hearing.
Continue Reading...CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.
Farnan, J. Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.
Continue Reading...CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.
Farnan, J. Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.
Continue Reading...CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.
Farnan, J. Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.
Continue Reading...True Position, Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, January 26, 2009.
Robinson, J. Motion to Amend August 1, 2008 Order with regard to prejudgment and post-judgment interest is granted in part and denied in part.
Continue Reading...St. Clair Intellectual Propety Consultants, Inc. v. Fujifilms Holding Corporation, et al., Civ. No. 08-373-LPS, January 27, 2009.
Stark, M.J. Defendants’ motion to stay second action pending appeal of first related action is denied.
Continue Reading...Vanderbilt University v. ICOS Corporation, Civ. No. 05-506-SLR, January 27, 2009.
Robinson, J. Court denies plaintiff’s request to add its scientist employees as inventors to the two patents-in-suit assigned to defendant.
Continue Reading...Simplification, LLC v. Block Finance Corporation, et al., Civ. No. 03-355-JJF, January 23, 2009.
Farnan, J. The Court construes 13 disputed terms in two patents following a Markman Hearing.
Continue Reading...Micron Technology, Inc. v. Rambus Inc., Civ. No. 00-792-SLR, January 9, 2009.
Robinson, J. Court declares patents-in-suit unenforceable following bench trial on issues of alleged spoliation of evidence and unclean hands by defendant.
Continue Reading...Internet Media Corporation v. Dell, Inc., et al., Civ. No. 05-633-SLR, January 14, 2009.
Robinson, J. The Court issues a claim construction ruling on 3 disputed terms following a Markman Hearing.
Continue Reading...Telcordia Technologies, Inc. v. Cisco Systems, Inc., C.A. No. 04-876-GMS, January 6, 2009.
Sleet, C.J. Defendant’s JMOL motion and motion for a new trial on willful infringement are denied; plaintiff’s motion for a permanent injunction is denied. Parties are ordered to meet and confer on royalty rate going forward; plaintiff’s request for prejudgment interest and an accounting is granted but request for enhanced damages and attorney fees and expenses is denied.
Continue Reading...Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. No. 05-245-JJF, December 16, 2008.
Farnan, J. Defendant’s objections to the Magistrate’s Report and Recommendation regarding defendant’s motion for partial summary judgment on the amended counterclaim are overruled and the Magistrate’s recommendation is adopted.
Continue Reading...Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. No. 05-245-JJF-LPS, December 3, 2008.
Stark, M. J. Plaintiff’s motion to extend the deadline to pay sanctions pursuant to earlier Court order is denied.
Continue Reading...Sepracor, Inc. v. Dey, L.P. and Dey, Inc., Civ. No. 06-113-JJF (Consolidated), December 18, 2008.
Farnan, J. The Court issues a claim construction ruling on 6 disputed terms following a Markman Hearing.
Continue Reading...Human Genome Sciences, Inc. v. Genentech, Inc., Civ. No. 08-166-SLR, December 16, 2008.
Robinson, J. Defendant’s motion to dismiss review of decisions by the Board of Patent Appeals and Interferences is granted.
Continue Reading...Human Genome Sciences, Inc. v. Amgen, Inc. and Immunex, Corp., Civ. No. 07-526-SLR-MPT, December 16, 2008.
Robinson, J. Court overrules objection to Magistrate’s Memorandum Order and adopts it in all respects.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor, et al., Civ. No. 04-1371-JJF, December 12, 2008.
Farnan, J. Court grants in part defendant’s Motion for Remitter [sic], Judgment as a Matter of Law, or, in the Alternative for a New Trial on Damages to the extent that it requests a remittitur enters order reducing the damages awarded by 82%.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International,Inc. et al., Civ. No. 04-1371-JJF, December 12, 2008.
Farnan, J. Defendant's motion for a new trial on all issues in light of Seagate is granted to the extent it seeks a new trial on willfulness and denied to the extent it seeks a new trial on all issues.
Continue Reading...Solvay, S.A. v. Honeywell Specialty Materials LLC, et al, Civ. No. 06-557-SLR, December 9, 2008.
Robinson, J. Defendants’ motion for summary judgment of invalidity is granted. Plaintiff’s motion for summary judgment of no invalidity is denied.
Continue Reading...Solvay, S.A. v. Honeywell Specialty Materials LLC, et al, Civ. No. 06-557-SLR, December 9, 2008.
Robinson, J. Plaintiff’s motion for summary judgment for infringement is granted; defendant’s motion for non-infringement of the patent-in-suit is granted in part and denied in part.
Continue Reading...Solvay, S.A. v. Honeywell Specialty Materials LLC, et al, Civ. No. 06-557-SLR, December 9, 2008.
Robinson, J. Court construes disputed claim language of patent-in-suit.
Continue Reading...Parker-Hannifin Corp. And Parker Intangibles LLC, v. Schlegel Electronic Materials, Inc., C.a. No. 07-266-MPT, December 9, 2008.
Thynge, M.J. Magistrate grants defendant’s motion to enforcement of settlement agreement which was set forth in email correspondence.
Continue Reading...Girafa.com, Inc. v. Amazon.com, Inc., et al, Civ. No. 07-787-SLR, December 9, 2008 (Mem. Order).
Robinson, J. Plaintiff’s motion for a preliminary injunction is denied.
Continue Reading...Oracle Corporation and Oracle U.S.A., Inc. v. Parallel Networks, LLP, Civ. No. 06-414-SLR, December 4, 2008 (Mem. Order).
Robinson, J. The Court issues a claim construction ruling for two patents relating to Web server technology.
Continue Reading...Cordance Corporation v. Amazon.com, Inc. and Amazon Web Services, LLC, C.A. No. 06-491-MPT, December 5, 2008.
Thynge, M. J. Magistrate construes 18 claims relating to four patents-in-suit.
Continue Reading...Symbol Technologies, Inc. v. Janam Technologies LLC, Civ. No. 08-340-JJF-LPS, December 1, 2008.
Stark, M. J. Magistrate recommends adopting plaintiff’s interpretation of three terms and defendant’s interpretation on the fourth on three patents-in-suit in advance of Motion got Preliminary Injunction.
Continue Reading...In Re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949-JJF-LPS, November 24, 2008.
Stark, M.J. Magistrate recommends denial in part and grants in part several motions to dismiss. Dismissal of agents for foreign entities that submitted ANDAs denied. Motions to dismiss declaratory judgment count are granted. Motions to dismiss for lack of personal jurisdiction denied without prejudice.
Continue Reading...Medtronic, Inc. v. Boston Scientific Corporation, et al., C. A. No. 07-823-GMS, November 21, 2008.
Stark, M. J. Motion to dismiss or in the alternative to transfer defendant’s counterclaim is denied. Court grants defendant’s motion to strike plaintiff’s jury demand.
Continue Reading...Amazon.com, Inc. v. CITI Services, Inc., et al., C. A. No. 99-543-GMS, November 21, 2008.
Sleet, C. J. Court denies defendants’ motion to set aside the default order and judgment.
Continue Reading...3V, Inc. v. CIBA Specialty Chemicals Corp., C. A. No. 06-593-JJF, 06-629-JJF, 06-672-JJF, November 20, 2008.
Farnan J. Court grants plaintiff’s motion to dismiss for lack of subject matter jurisdiction and denies defendant’s motion for leave of court to serve limited discovery relating to plaintiff’s disclaimer of its patent claims
Continue Reading...Microstrategy Incorporated v. Crystal Decisions, Inc., C. A. No. 03-1124-MPT, November 19, 2008.
Thynge, M. J. Magistrate grants plaintiff’s request for fees and costs in the amount of $2,249,387.22 less the charges related to overhead costs.
Continue Reading...Power Integrations, Inc. v. BCD Semiconductor Corporation, et al., Civ. No. 07-633-JJF-LPS, REDACTED PUBLIC VERSION, November 19, 2008.
Stark, M. J. Magistrate recommends denial of Plaintiff’s Motion for a Preliminary Injunction.
Continue Reading...Parker-Hannifin Corporation v. Zippertubing (Japan), LTD., C.A. No. 06-751-MPT, November 18, 2008.
Thynge, M.J. The Court issued claim construction rulings for nine terms from three patents.
Continue Reading...Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, November 10, 2008.
Robinson, J. Defendant’s motion to dismiss breach of contract claim is granted and the grant of summary judgment is vacated.
Continue Reading...Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, November 10, 2008.
Robinson, J. Defendant’s post-trial motion for JMOL or a new trial following jury verdict on validity is denied. Plaintiff’s motion for a permanent injunction is granted by separate order and stay of that order pending appeal is denied.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, November 7, 2008.
Farnan, J. Defendants’ motion for judgment as a matter of law or for a new trial regarding invalidity of the patent-in-suit is denied.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, November 7, 2008.
Farnan, J. Defendants’ motion for JMOL of noninfringement and invalidity is denied.
Continue Reading...Honeywell International, Inc., et al. v. Universal Avionics Systems Corp., et al., C.A. No. 02-359-MPT, November 12, 2008.
Thynge, M.J. Defendant’s motion for summary judgment regarding no willful infringement is granted.
Continue Reading...Honeywell International, Inc., et al. v. Universal Avionics Systems Corp., et al., C.A. No. 02-359-MPT, November 12, 2008.
Thynge, M.J. Defendants’ motion to preclude plaintiff from relitigating lost profits based on issue preclusion is granted. Defendant Universal’s motion to preclude lost profits based on double recovery, judicial estoppel and/or implied license is moot. Defendants’ motion for reconsideration is denied.
Continue Reading...Innovative Therapies, Inc. v. Kinetic Concepts, Inc., et al., Civ. No. 07-589-SLR/LPS, November 5, 2008.
Robinson, J. Defendants’ motion to dismiss this lawsuit seeking declaratory relief is granted.
Continue Reading...McKesson Automation, Inc. v. Swisslog Italia S.P.A., et al., Civ. No. 06-28-SLR/LPS, November 5, 2008.
Robinson, J. Defendants’ motion to dismiss for lack of standing is stayed. Other pending motions are denied without prejudice to renew.
Continue Reading...Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al., No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation, No. 05-340-SLR, November 5, 2008.
Robinson, J. The Court provides pre-trial guidance as to when a party may use the deposition testimony from the opposing party’s expert who is not expected to testify at trial.
Continue Reading...In Re: Brimonidine Patent Litigation, MDL Docket No. 07-md-1866 GMS, October 31, 2008.
Sleet, C.J. Plaintiff’s motion to stay the action against Excela and toll the 30-month stay, and for leave to use information produced under the protective order in a citizen’s petition to the FDA is denied.
Continue Reading...Becton Dickinson and Company v. Tyco Healthcare Group LP, C.A. No. 02-1694a-GMS, October 29, 2008.
Sleet, C.J. Plaintiff’s post-trial motions for an award for damages and prejudgment interest is granted. Plaintiff’s motion for a permanent injunction is granted in part and denied in part.
Continue Reading...Becton Dickinson and Company v. Tyco Healthcare Group LP, No. 02-1694-GMS, October 14, 2008.
Sleet, C.J. The Court denies defendant’s motion for judgment as a matter of law having ruled that substantial evidence was presented to support the jury’s infringement verdict.
Continue Reading...Accenture Global Services GmbH, et al. v. Guidewire Software, Inc., No. 07-826-SLR, October 8, 2008.
Robinson, J. Court grants defendant’s motion to dismiss plaintiffs’ state law claims and trade secret misappropriation claims and grants plaintiffs’ motion to dismiss defendants’ bad faith litigation counterclaims.
Continue Reading...Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc., et al., C.A. No. 06-259-MPT, October 3, 2008.
Thynge, M.J. Magistrate grants defendants’ motion for judgment pursuant to Fed.R.Civ.P. 54(b) and stays plaintiffs’ invalidity and unenforceability claims and defenses pending disposition of the appeal.
Continue Reading...Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al. No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation No. 05-340-SLR; In Re: Tricor Indirect Purchaser Antitrust Litigation No. 05-360-SLR, October 8, 2008.
Robinson, J. The Indirect Purchasers Plaintiffs’ motion for approval of their proposed notice plan is granted.
Continue Reading...Wellman, Inc. v. Eastman Chemical Company, C.A. No. 07-585-SLR, October 3, 2008.
Robinson, J. Court finds that plaintiff failed to meet its burden of proving likelihood of success on the merits of irreparable harm and denies motion for preliminary injunction.
Continue Reading...Sepracor Inc. v. Dey, L.P. and Dey, Inc., et al., C.A. No. 06-113-JJF, September 26, 2008.
Farnan, J. Court grants defendants’ motion to strike plaintiff’s willfulness allegations but preserves plaintiff’s exceptional case claim.
Continue Reading...Parker-Hannifin Corporation v. Zippertubing (Japan), LTD., C.A. No. 06-751-MPT, September 24, 2008.
Thynge, M.J. Court finds defendant’s proposed amendments meet Rule 9(b) requirements and grants motion to amend to add inequitable conduct claims.
Continue Reading...Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al. No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation No. 05-340-SLR; In Re: Tricor Indirect Purchaser Antitrust Litigation No. 05-360-SLR, September 24, 2008, revised October 2, 2008.
Robinson, J. Defendants’ motion for summary judgment on plaintiffs’ claims of sham litigation premised on inequitable conduct and plaintiffs’ Walker Process claims is granted. Defendants’ motion for summary judgment on sham litigation claims based on a lack of probable cause for asserting patent infringement is denied.
Continue Reading...Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc., et al., C.A. No. 06-259-MPT, September 19, 2008, amended September 26, 2008.
Thynge, M.J. Ariad’s motion to dismiss declaratory judgment action for invalidity is granted. Motion to dismiss unenforceability defenses is denied. Ariad’s motion for partial summary judgment on inequitable conduct is granted in part and denied in part.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, September 24, 2008.
Farnan, J. Court finds for plaintiff following bench trial on defendants’ claims of inequitable conduct.
Continue Reading...Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc., et al., C.A. No. 06-259-MPT, September 19, 2008.
Thynge, M.J. The Court issues a claim construction ruling following Markman Hearing.
Continue Reading...Cordis Corp. v. Medtronic Vascular, Inc., et al., C.A. No. 97-550-SLR (Consolidated); Boston Scientific Corporation, et al. v. Ethicon, Inc., et al. C.A. No. 98-19-SLR, September 15, 2008.
Robinson, J. Following decade-long litigation, the Court grants Cordis’ motion for entry of final judgment and denies BSC’s motion for new trial and Medtronic’s motion for JMOL on lost profit damages.
Continue Reading...McKesson Automation, Inc. v. Swisslog Holding AG, et al., C.A. No. 06-28-SLR-LPS, August 29, 2008.
Stark, M.J. Following submission of additional documentation, the Court grants plaintiff’s motion to reconsider its earlier recommendation of dismissal for lack of standing. Motions by both sides to amend pleadings are granted. Defendants’ motion to dismiss willfulness claim in light of Seagate is denied.
Continue Reading...In Re: ‘318 Patent Infringement Litigation, C.A. No. 05-356-SLR, August 27, 2008.
Robinson, J. Following a bench trial and post-trial briefing, the Court finds the patent-in-suit is invalid for lack of enablement.
Continue Reading...Farnan, J. Court grants non-party’s motion to quash and denies defendants’ application requesting issuance of a letter of request for documents and deposition testimony in Germany under the Hague Convention.
Continue Reading...Robinson, J. Defendants’ renewed motion for summary judgment that three of the four patents in suit are invalid is denied.
Continue Reading...Robinson, J. Motion to exclude certain expert testimony is granted. Motion to strike affirmative defense of estoppel is deferred.
Continue Reading...Robinson, J. The Court grants direct purchaser plaintiffs’ motion for class certification. It grants in part the indirect purchaser plaintiffs’ motion for class certification, and the IP Class’s motion for appointment of counsel is granted.
Continue Reading...Robinson, J. Court stays state law claims of indirect purchasers and counterclaim plaintiffs in Tricor action. Defendants' motions for summary judgment on state law claims are likewise denied without prejudice. Defendants’ motions for summary judgment on relevant market definition are denied. Defendants’ motion for leave to file a motion for summary judgment on antitrust injury is denied.
Continue Reading...Stark, J. Motion to dismiss is denied following jurisdictional discovery where evidence shows defendant’s intent and purpose to serve the Delaware market.
Continue Reading...L’Athene, Inc. v. Earthspring LLC et al., Civ. No. 08-114-SLR, August 7, 2008
Robinson, J. Motion to dismiss is denied; motion to transfer is granted where litigation in Delaware would cause undue hardship to defendant given the small size of its company.
Continue Reading...Innovative Therapies, Inc., v. Kinetic Concepts, Inc., et al., CA No. 07-589-SLR-LPS, July 14, 2008.
Stark, M. J. Plaintiff’s motion to dismiss for lack of subject matter jurisdiction is granted.
Continue Reading...Stark, M. J. Court denies defendant’s motion to dismiss for failure to state a claim where claims depend on contractual language at issue and language is susceptible of different interpretations.
Continue Reading...Farnan J. Court rules on certain evidentiary issues raised by both parties during bench trial and denies all objections.
Continue Reading...
TruePosition Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, July 31, 2008.
Robinson, J. Defendant’s motion for JMOL or a new trial is denied. Damages awarded by jury of $45.3 million are remitted to $18.6 million. Plaintiff’s motion for enhanced damages due to willful infringement is granted in part. Damages are enhanced by 25% to $23,250,000. Plaintiff’s motion for attorneys’ fees is denied. Plaintiff’s motion for a permanent injunction is granted. Prejudgment interest on $18.6 million is awarded, compounded quarterly at the prime rate. Post-judgment interest on $18.6 million from 9/19/07 (the date of judgment) is awarded at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding.
Continue Reading...Braintree Laboratories, Inc. v. Schwarz Pharma, Inc., C.A. No. 03-477-SLR, July 31, 2008.
Robinson, J. The court rules for plaintiff on unfair competition and antitrust claims after bench trial.
Continue Reading...Acuity Brands, Inc., et al., v. Cooper Industries, Inc., et al., C.A. No. 07-444-GMS, July 31, 2008.
Sleet, C.J. Defendants’ motion to transfer to the Northern District of Georgia is denied.
Robinson, J. Petitioner’s motion to vacate or modify and arbitration award is denied. The court has jurisdiction pursuant to 29 U.S.C. § 1401(b)(2).
Continue Reading...CIF Licensing, LLC, d/b/a/ GE Licensing v. Agere Systems, Inc. C.A. No. 07-170-JJF, July 10, 2008.
Farnan, J. The court construes a total of 14 claim terms from two patents
Boehringer Ingelheim Int’l GMBH, et al. v. Barr Laboratories, Inc., et al., No. 05-700-JJF, June 16, 2008.
Farnan, J. After a bench trial, the Court issued findings of fact and conclusions of law. The Court ruled that disputed claims were infringed, but that the claims at issue are invalid for nonstatutory double patenting.
Remy Inc., et al. v. CIF Licensing, et al., C.A. No. 06-785- (GMS/MPT), June 9, 2008.
Thynge, M.J. Defendant’s motion to dismiss due to pending litigation first filed in Texas is granted.
McKesson Automation, Inc. v. Swisslogic Holding AG, et al., C.A. No. 06-28-(SLR-LPS), May 30, 2008.
Stark, M.J. Magistrate recommends that defendants’ motion to dismiss be granted due to plaintiff’s lack of standing to sue.
Sleet, C.J. Prior settlement agreement precludes invalidity argument for different product.
In re Intel Corp. Microprocessor Antitrust Litigation., C.A. No. 05-1717 JJF, May 14, 2008.
Farnan, J. This Court adopts Special Master’s recommendation that non-party be sanctioned for vexatious litigation conduct during adjudication of discovery dispute.
Human Genome Sciences, Inc. v. Amgen, Inc. et al., C.A. No. 07-780 SLR, May 9, 2008.
Robinson, J. Court grants defendants’ motion to dismiss for lack of subject matter jurisdiction under 35 U.S.C. § 146 where plaintiff seeks adverse judgment on appeal from concession on priority during interference process.
Fisher-Price, Inc. v. Safety 1st, Inc., et al., C.A. No. 01-051 GMS (May 5, 2008).
Sleet, C.J. Plaintiff’s motion for contempt of Court is granted in part; its post-trial motions for entry of final judgment, enhanced damages, attorneys fees and prejudgment interest are granted in part. Defendants’ motions for JMOL or a new trial as to willfulness and damages are denied
LG Philips LCD Co., Ltd, v. Chi Mei Optoelectronics, et al., and AU Optronics Corporation v. LG. Philips LCD, Co., Ltd, et al., C.A. Nos. 06-726 and 07-357-JJF, April 29, 2008.
Farnan, J. Defendants’ motions to dismiss for lack of personal jurisdiction and improper service of process are denied. Plaintiff’s motions for sanctions and for leave to take jurisdictional discovery are denied.
Farnan, J. Defendant’s motion to dismiss, stay or transfer is granted.
Reliant Pharmaceuticals, Inc., v. Par Pharmaceutical, Inc., C.A. No. 06-774-JJF, April 24, 2008.
Farnan, J. Plaintiff moves to disqualify law firm from representing the defense based on firm’s previous representation of plaintiff in a related matter. Court denies motion where representation was limited and did not extend to advice concerning the nature, scope, potential infringement, design around and validity of the patent-in-suit.
Digacomm, LLC v. Vehicle Safety & Compliance, LLC, et al., C.A. No. 08-MC-63-JJF, April 29, 2008.
Farnan, J. Plaintiff petitioned to enforce a subpoena to the Fish and Richardson law firm. The Court ordered an evidentiary hearing.to resolve professional issues even if the subpoena issues are fully resolved.
Stark, M.J. Motion to dismiss based on lack of personal jurisdiction is denied and limited discovery on stream of commerce theory of jurisdiction is ordered.
Continue Reading...Human Genome Sciences, Inc. v. Amgen, Inc. et al., C.A. No. 07-526-SLR-MPT, April 8, 2008.
Thynge, M.J. The Court agrees to consider priority along with other issues previously presented to the Board of Patent Appeal and Interferences and finds discovery is appropriate.
Continue Reading...Farnan, J. Applying new jurisdictional test adopted by the Supreme Court and recent Federal Circuit case law, the Court finds actual controversy sufficient to warrant declaratory judgment action.
Continue Reading...Venetec International, Inc., v. Nexus Medical, LLC, C.A. No. 07-57-MPT, March 28, 2008.
Thynge, M.J. Court denies plaintiff’s motion for partial judgment on the pleadings and grants defendant’s motion in part to amend its answer and counterclaim to expand on its unenforceability defense.
Robinson, J. Following a bench trial, the Court finds that plaintiff failed to show infringement and is not persuaded by defendant’s claims of invalidity for obviousness and unenforceability due to inequitable conduct.
Microstrategy Incorporated v. Crystal Decisions, Inc., C.A. No. 03-1124-MPT, March 25, 2008.
Thynge, M.J. The Magistrate granted defendant’s motion to rule that this was an “exceptional case” and granted in part its motion for costs and attorneys’ fees.
Continue Reading...Stark, M.J. Magistrate recommends that defendant’s motion to dismiss for lack of standing be denied.
Continue Reading...Elan Corporation, PLC et al. v. Teva Pharmaceuticals USA, Inc., C.A. No. 07-552-SLR, March 7, 2008.
Robinson, J. Court denies plaintiffs’ motion to dismiss counterclaims and affirmative defenses relating to claims of inequitable conduct with leave to renew at a later date.
Continue Reading...Robinson, J. Court conditionally grants motion to dismiss where plaintiff licensee lacked standing unless patentee is joined by date certain.
Continue Reading...Farnan, J. Following a bench trial ruling in favor of plaintiffs’ claims of infringement, the Court denies plaintiffs’ request for attorney fees finding that defendants’ conduct, while sometimes questionable, did not rise to the “exceptional” level.
Continue Reading...Farnan, J. Court denies Defendant’s motion to dismiss and transfer venue and holds that jurisdiction and venue are proper where the company targeted sales of allegedly infringing product to Delaware residents as part of national e-mail campaign.
Continue Reading...Farnan, J. Court denies defendants’ motion to stay pending resolution of motion to dismiss for lack of personal jurisdiction since any efforts taken (including discovery) could be useful in declaratory judgment action pending in Northern District of California between same parties.
Continue Reading...Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc. et al., C.A. No. 06-259-MPT, January 31, 2008.
Thynge, M.J. The Court grants plaintiffs’ motion to amend and supplement their counterclaim for inequitable conduct.
Continue Reading...Robinson, J. The Court denies several motions to dismiss for lack of subject matter jurisdiction and motions to transfer in related declaratory judgment patent actions.
Continue Reading...TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, January 23, 2008.
Robinson, J. Plaintiff’s motion to register judgment is denied. Plaintiff’s motion to strike certain evidence referenced in post-trial briefing is granted. Defendant’s motion to reopen the record on equitable issues is denied.
Continue Reading...Vanderbilt University v. ICOS Corporation, C.A. No. 05-506-SLR, December 20, 2007.
Robinson, J. The Court rules that the testimony of legal experts will not be permitted at trial.
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, December 4, 2007.
Robinson, J. Defendant’s motion for reconsideration of a summary judgment ruling is denied. Miscellaneous pre-trial rulings are made.
Cordance Corporation v. Amazon.Com, Inc., C.A. No. 06-491-MPT, January 22, 2008.
Thynge, J. Court denies plaintiff’s motion to reconsider its prior ruling denying plaintiff’s motion to dismiss defendant’s counterclaim for declaratory judgment.
Thynge, J. Defendant’s motion for partial summary judgment of infringement of two patents is granted in part and denied in part.
Robinson, J. Court denies motion to reconsider prior dismissal order.
Robinson, J. Court denies plaintiffs’ motion to supplement record and grants request for certification of appealability in two antitrust actions.
Robinson, J. Court denies plaintiff’s motion for a preliminary injunction.
Sleet, C.J. Court denies renewed motion to dismiss for lack of personal jurisdiction.
Continue Reading...Farnan, J. Defendant’s motions to dismiss for lack of standing are granted without prejudice.
Continue Reading...Promos Technologies, Inc. v. Freescale Semiconductor, Inc., C.A. No. 06-788-JJF, December 20, 2007.
Farnan, J. The Court grants a motion to compel Defendant to reproduce a 30(b)(6) witness where improper objections were asserted. Sanctions were awarded.
Continue Reading...Nice Systems, Inc. et al. v. Witness Systems, Inc., C.A. No. 06-311-JJF, December 14, 2007.
Farnan, J. The court issues a Memorandum on Tentative Claim Construction.
Continue Reading...Wyeth v. Impax Laboratories, Inc., C.A. No.06-222-JJF, December 13, 2007.
Farnan, J. Claim construction opinion.
Continue Reading...Crown Packaging Technology, Inc. et al. v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, December 21, 2007.
Thynge, M. J. Defendant’s motion for partial summary judgment of infringement of two patents is granted in part and denied in part.
Continue Reading...Microsoft Corp. v. Alcatel Business Systems et al., C.A. No. 07-090-SLR, December 18, 2007.
Robinson, J. Motion to disqualify law firm is granted in part and denied in part.
Robinson, J. Plaintiffs' motion to supplement their complaints are denied. Plaintiffs' motion to enjoin Defendants from prosecuting a New Jersey action is denied. Defendants' motion to dismiss one action based on a covenant not to sue is granted and the court dismisses the second Delaware action sua sponte in favor of a first-filed New Jersey action.
Continue Reading...Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 30, 2007.
Robinson, J. The court makes evidentiary rulings on issues raised at the pretrial conference.
Pfizer Inc., et. al. v. Ranbaxy Laboratories, Limited et al., C.A. No. 07-138-JJF, November 29, 2007.
Farnan, J. Plaintiffs’ motions to dismiss in part declaratory judgment counterclaims and to dismiss and for partial summary judgment on the pleadings are granted.
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. The Court grants plaintiff’s Daubert motion. Defendant’s motion to exclude plaintiff’s expert is granted in part.
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. Plaintiff’s motions for summary judgment of breach of contract and no anticipation are granted. Defendant’s motion for summary judgment of no breach of contract, invalidity, and incorporation by reference are denied.
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. The court construes two terms relevant to golf ball technology.
Cordance Corporation v. Amazon.com.Inc., C.A. No. 06-491-MPT, November 20, 2007.
Thynge, M.J. Motion to dismiss counterclaim of infringement on the basis of no actual controversy is denied.
Thynge, M.J. Cross motions for summary judgment of infringement/noninfringement are denied as to literal infringement. Defendant’s motion for summary judgment of noninfringement under the doctrine of equivalents is granted.
Thynge, M.J. Defendant’s motion for summary judgment of invalidity based upon anticipation is denied.
Thynge, M.J. Defendant’s motion for summary judgment that three claims of the patent-in-suit are anticipated is granted as to two claims and denied as to the third.
Thynge, M.J. Defendant’s motion for summary judgment for failure to disclose the best mode is granted.
Time Warner Cable, Inc., v. USA Video Technology Corp., C.A. No. 06-387-***, October 31, 2007.
Thynge, M.J. Defendant’s motion to dismiss the complaint in favor of a first filed action in Texas is granted. The motion to stay or transfer to Texas is denied as moot. Plaintiff’s motion to enjoin duplicative litigation is denied as moot.