A jury instruction regarding FDA letter 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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Expert may testify as to infringement issues and secondary considerations

Apeldyn Corporation v. Au Optronics Corporation, et al., Civ. No. 08-568-SLR, November 15, 2011.

Robinson, J.  Daubert motion is denied.

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Expert testimony was excluded in part and allowed in part in trial on damages.

Sri International Inc. v. Internet Security Systems, Inc., et al., Civ. No. 04-1199-SLR, October 31, 2011.

Robinson, J.  In limine and Daubert motions are decided with mixed results before damages trial.

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Cause of action for inequitable conduct was not established for trial

Solvay, S.A. v. Honeywell Specialty Materials LLC, et al., Civ. No. 06-557a-SLR, September 13, 2011.

Robinson, J.  Cross motions in limine to exclude certain characterizations of the patent-in suit made in satellite patent prosecutions are granted. The court resolves other pretrial issues and denies Plaintiff’s motions for reargument

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Court precludes expert testimony, denies judgment on the pleadings

ICU Medical, Inc. v. Rymed Technologies, Inc., Civ. No. 07-468-LPS, November 23, 2010.

Stark, J.  Plaintiff’s motion for judgment on the pleadings or partial summary judgment is denied. Plaintiff’s motion to preclude expert testimony is granted. Defendant’s motion to exclude section 282 notice and references is denied. 8 in limine motions are additionally decided.

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Summary judgment is denied in polymer dispute

The Dow Chemical Company v. Nova Chemicals Corporation (Canada), et al., Civil Action No.05-737-JJF, May 20, 2010.

Farnan, J.  Defendants’ motion for summary judgment of noninfringement and/or invalidity is denied.  The parties agree that portions of the invalidity argument are moot due to claim construction, and are therefore denied as moot.  Defendants’ motion to strike untimely expert declarations is denied.

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Pretrial motions are decided in golf ball case

Callaway Golf Company v. Acushnet Company, Civ. No.06-091-SLR, March 3, 2010.

Robinson, J.  Defendant’s renewed motion for summary judgment on anticipation is denied. Defendant’s Daubert motion is denied.  Plaintiff’s motions in limine are granted, and defendants’ motions in limine are denied in part and granted in part.  The court denies the motion to disqualify the damages expert Brian Napper.  He is qualified and need only show with a reasonable probability that sales for which lost profits are sought would have been made.

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Six in limine motions are denied prior to bench trial

UCB, Inc., et al. v. KV Pharmaceutical Company, Civil Action No.08-223-JJF, March 9, 2010.

Farnan, J.  Plaintiffs’ three in limine motions and defendant’s three in limine motions are all denied.

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Lack of willfulness motion is granted; issues of fact remain as to other motions

Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06c-491-MPT, July 27, 2009.

Thynge, M.J.  Defendants’ motion for summary judgment is denied as to non-infringement and is granted as to no willful infringement; defendants’ motion for summary judgment regarding lack of written description is denied; plaintiff’s motion to strike materials produced after the close of discovery and inadmissible hearsay is granted in part, denied in part, and moot in part; defendants’ motion for summary judgment of invalidity is denied; and plaintiff’s motion for leave to file sur-reply regarding defendants’ invalidity motion is moot.

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Inventor's post-deposition opinions on legal issues trouble Court

Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06-491a-MPT, June 30, 2009.

Thynge, M. J.  Defendant’s motion to strike second declaration by an inventor/expert is moot. The second declaration will not be considered for purposes of summary judgment.

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Relitigation of lost profits was precluded by prior ruling on related patents

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.

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Reconsideration of summary judgment ruling is denied

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.

 

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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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An untimely expert report was limited

Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 8, 2007.

Thynge, J.  A motion to preclude invalidity expert’s first report based on unreliable methods was discussed in separate opinion.  A motion to dismiss a supplemental report was granted in part as untimely.

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A few in limine motions granted before jury trial; most denied

Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., No. 04-1371–JJF Sept. 20, 2006.

Farnan, J.  Court grants 3 of 19 motions in limine filed by defendants, and 1 1/2 out of 5 motions filed by plaintiff.



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Pretrial rulings favor patentee after court adopts broader claim constructions

Pharmacia & Upjohn Co. v. Sicor Inc. et al., No. 04-833-KAJ, Aug. 17. 2006.


Jordan, J.  The Court construed claims regarding patent disclosing a “sterile, pyrogen-free, ready-to-use solution of anthracycline glycoside” used for treating tumors.  Defendants’ motions for summary judgment of non-infringement and invalidity for lack of written description were denied.  The Court granted plaintiff’s motion regarding defendants’ anticipation defense, and denied defendants’ motion on anticipation.  Plaintiff’s motion regarding defendants’ unclean hands defense was denied.

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Jury verdict against ATMI stands and court denies JMOL and new trial application

Praxair, Inc. et al. v. ATMI, Inc. et al., No. 03-1158-SLR, Aug. 17, 2006

Robinson, J.  Motion for judgment as a matter of law, or alternatively for a new trial, is denied. Defendant’s argument that no reasonable jury could have found that defendant’s products infringe was rejected.  Expert’s unrebutted yet conclusory testimony failed to persuade the jury and does not meet the necessary clear and convincing standard.  New trial unwarranted since excluded evidence resulted from trial by ambush tactics.

 

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Pretrial limitations on deposition testimony ordered

McKesson Information Solutions LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 17, 2006.

Robinson, J.  Pretrial order regarding disputed deposition designations.

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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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