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

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

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

Court rules on issues argued at pretrial conference