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

New arguments in reconsideration motion are rejected

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.

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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