Amended complaint alleging sales results in jury trial in pharma case

Sepracor Inc. v. Dey L.P. and Dey, Inc., Civil Action No.06-113-JJF, July 15, 2010.

Farnan, J.  Plaintiff’s motion to file and amended and supplemental complaint and jury demand is granted.

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Case is dismissed for lack of standing to sue

Enhanced Security Research, LLC, et al. v. Cisco Systems, Inc., et al., C. A. No. 09-390-JJF, June 25, 2010.

Farnan, J.  Defendants’ motion to dismiss for lack of subject matter jurisdiction and failure to join an indispensible party is granted.  Plaintiffs’ motion to consolidate cases is denied as moot.  Defendant’s motion to stay pending the outcome of reexamination proceedings is denied as moot and the motion to supplement the record on the motion to stay is denied as moot.

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Stay pending reexamination is granted

Enhanced Security Research, LLC, et al. v. Cisco Systems, Inc., et al., C. A. No. 09-571-JJF, June 25, 2010.

Farnan, J.  Plaintiffs’ motion to consolidate cases is denied as moot. Defendant’s motion to stay pending outcome of reexamination proceedings is granted. Defendant’s motion to supplement the record on its motion to stay is denied.

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Discovery is denied on stayed antitrust claims

Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No.09-80-MPT, March 23, 2010.

Thynge, M. J.  Defendants’ motion to compel discovery is denied.

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On reconsideration, antitrust claims remain stayed and misuse claims are also bifurcated; certification request fails

Masimo Corporation v. Philips Electronics North America Corp., Civil Action No.09-80-MPT, April 19, 2010.

Thynge, M. J.  Defendant’s motion for reconsideration of its order bifurcating antitrust claims and staying related discovery is denied.  The order is amended to bifurcate patent misuse claims and stay related discovery.  The court declines to grant a motion to certify a question of law.

 

 

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Request for jury trial on damages is denied for now; schedule dispute is resolved

Cordance Corporation v. Amazon.Com, Inc., Civil Action No.06-491-MPT, March 19, 2010.

Thynge, M. J.  The Order to bifurcate remains in place and the Court adopts plaintiff’s proposed scheduling order on remaining issues.

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Antitrust claims are bifurcated and discovery is stayed

Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No.09-80-MPT, March 11, 2010.

Thynge, M. J.  Plaintiff’s motion to bifurcate and stay discovery of defendant’s antitrust counterclaims is granted. Discovery is stayed pending trial on the patent issues.

 

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LGD is found to infringe and induce infringement of valid patents

LG Display Co. Ltd. v. AU Optronics Corporation, et al., C.A. Nos.06-726-JJF, 07-357-JJF, February 16, 2010.

Farnan, J.  Following Phase I of a bifurcated bench trial, the court finds that LGD literally infringes the asserted claim in the patents-in-suit and that the patents have not been proven to be invalid.

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Court declines to bifurcate inequitable conduct

Webexchange Inc. v. Fedex Corporation, et al., C.A. No. 08-133-JJF, December 30, 2009.

Farnan, J.  Defendants’ motion to bifurcate and for early trial on inequitable conduct is denied. Plaintiff’s motion for leave to file surreply is granted.

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Court declines to bifurcate inequitable conduct

Webexchange Inc. v. Dell Inc., C.A. No. 08-132-JJF, December 30, 2009.

Farnan, J.  Defendants’ motion to bifurcate and for early trial on inequitable conduct is denied. Plaintiff’s motion for leave to file surreply is granted.

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Limited discovery on damages is permitted during liability phase in bifurcated cases

Teles AG Informationstechnologien v. Quintum Technologies, LLC, C.A. No. 06-197-SLR-LPS, October 30, 2009.

Stark, M. J.  The Magistrate orders defendants to produce certain damages information within 20 days of the Order.

 

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Discovery on antitrust and patent misuse claims is stayed

Eurand Inc., Cephalon Inc., and Anesta AG v. Mylan Pharmaceuticals Inc., et al., Civ. No. 08-889-SLR, October 1, 2009.

Robinson, J.  Plaintiffs’ motion to sever and stay discovery on antitrust and patent misuse claims is granted.

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Post-remand schedule issues in stent case

Cordis Corporation v. Boston Scientific Corp. and Scimed Life Systems, Inc., Civ. No. 03-027-SLR, September 30, 2009.

Robinson, J.  After remand following liability trial, the Court orders separate trials before different juries.

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Damages and willfulness are bifurcated for discovery and trial

The Dutch Branch of Streamserve Development AB v. Exstream Software, LLC and Hewlett-Packard Co., Civ. No. 08-343-SLR, August 26, 2009.

Robinson, J.  The Court determines that bifurcation of damages and willfulness for both discovery and trial is appropriate over plaintiff’s challenge.

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Bifurcation of damages is warranted in all but exceptional cases

Robert Bosch LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, August 26, 2009.

Robinson, J.  Defendant’s motion for bifurcation is granted.

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Court orders retrial on willfulness in light of Seagate

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.

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Post-trial briefing is limited to trial record

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.

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Court makes evidentiary rulings; willfulness and damages are bifurcated

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.


 

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New arguments in reconsideration motion are rejected

Crown Packaging Technology, et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, August 28, 2007.

Thynge, M.J.  Plaintiffs’ motion for reargument and reconsideration regarding bifurcation of trial is denied.


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Bifurcation proposed as mechanism to assist in construction of design patents

Colgate-Palmolive v. Ranir, L.L.C., C.A. No. 06-417-GMS, July 31, 2007.

Sleet, C.J.  The Court issued an order construing claims in a case involving seven toothbrush design patents and one utility patent.



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Bifurcation of infringement counter claims was refused

Crown Packaging Technology ,Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, July 24, 2007.

Thynge, M.J.  Plaintiffs’motion to bifurcate the trial of defendant’s counterclaims is denied.

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Failure to mark results in dismissal; laches evidence to be presented to jury

Crown Packaging Technology, Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, July 24, 2007.

Thynge, M.J.  Plaintiffs’ motion to dismiss counterclaim based on failure to mark is granted. Plaintiffs’ motion to dismiss counterclaims based on laches is denied.  Evidence of laches is relevant to willfulness and can be presented to the jury.  A portion of the trial may be allocated to make a record for the Court on laches if there is additional evidence to be presented on laches.

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Special Discovery Master's discovery rulings were overturned

LG. Philips LCD Co., Ltd., v. Tatung Co., et al., No. 04-343-JJF, July 13, 2007.

Farnan, J.  Exceptions to discovery rulings relating to willfulness and advice of counsel defenses were sustained.

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Defendant's summary judgment motions were denied; unfair business practices claims were bifurcated.

Affymetrix, Inc. v. Illumina, Inc., No. 04-901 JJF, Mar. 30, 2007.

Farnan, J. Plaintiff’s motion for summary judgment regarding claims of intentional interference with economic advantage and unfair business practices was denied.  Defendant’s motions for summary judgment of invalidity and inequitable conduct were denied.  Claims of unfair business practices were bifurcated from the infringement trial.

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Transfer to Texas where related litigation was nearing conclusion was denied

Oracle Corp. et al. v. EpicRealm Licensing, LP, No. 06-414-SLR; QuinStreet, Inc. v. EpicRealm Licensing, LP, 06-495-SLR, Mar. 26, 2007.

Robinson, J.  Motions to transfer venue and consolidate were denied.  Motions for extension of time to answer complaints were denied and the answers would be due in 18 days. Continue Reading...

Court declined to dismiss, bifurcate or stay antitrust counts and permitted 4 patent claims to be added

Synopsys, Inc. v. Magma Design Automation, No. 05-701-GMS, May 25, 2006.

Sleet, J.  The Court denied plaintiff’s motion to dismiss 6 counts of defendant’s amended answer relating to the Sherman Act, Lanham Act and state law claims.  It further denied plaintiff’s motion to bifurcate or stay the antitrust claims from the patent claims.  Defendant’s motion to amend to add four counterclaims of patent infringement was granted.

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Jury verdicts against both parties stand as JMOL is refused

Cordis Corporation v. Boston Scientific Corp., et al., No. 03-027-SLR, May 11, 2006.

Robinson, J.  Juries found for plaintiff against defendants in separate trials.  Defendants’ motions for JMOL are denied.  Plaintiff’s motion for JMOL or new trial on infringement and invalidity of ‘021 patent is denied.  BSC’s motion for reconsideration of the “without prejudice” aspect of order dismissing claims against one product is denied.

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Court rules on issues argued at pretrial conference

McKesson Information Solutions LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 11, 2006.

Robinson, J.  The Court rules on bifurcated trial, in limine and discovery issues argued at the pretrial conference.

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