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...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...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...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...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...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...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...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...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...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. 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...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...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...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...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...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...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...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...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.
Sleet, C.J. Prior settlement agreement precludes invalidity argument for different product.
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
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.
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...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...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 plaintiff’s motion for a preliminary injunction.
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...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.
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.
Martek Biosciences Corporation v. Nutrinova Inc., et al., C.A. No. 03-896-GMS, October 30, 2007.
Sleet, C.J. The court denies defendant’s motions for JMOL of noninfringement of one patent and invalidity of a second patent . It granted in part JMOL of invalidity of a third patent. It further grants plaintiff’s motion for JMOL of infringement of the first patent and for a permanent injunction.
Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, September 20, 2007.
Farnan, J. The Court requested briefing on whether the statutory presumption of validity is weakened as a result of KSR v. Teleflex. It concluded that KSR does not alter the statutory presumption of validity.
TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, August 23, 2007.
Robinson, J. Defendant’s motion for summary judgment of non-infringement is denied. Defendant’s motion for summary judgment of invalidity due to indefiniteness is denied. Plaintiff’s motion to dismiss five “standards-based” counterclaims is denied. Defendant can not present its fraud theory at trial because it cannot prove damages. Plaintiff’s motion for summary judgment relating to unfair competition is granted in part but denied as to fraud, equitable estoppel, implied license and promissory estoppel.
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.
Telecordia Technologies, Inc. v. Lucent Technologies, Inc., Nos. 04-875-GMS, 04-876-GMS, May 1, 2007.
Sleet, J. Summary judgment of non-infringement was granted with respect to the '306 patent and denied as to a second patent. Plaintiff's motion that the '306 patent was not anticipated was granted in part. Plaintiff's motion that the '306 patent was not invalid due to lack of enablement was granted. Defendant's motion for summary judgment of invalidity of the '306 patent for failure to disclose the best mode was denied.
Continue Reading...
IMX, Inc. v. Lendingtree, LLC, No. 03-1067-SLR, Apr. 25, 2007.
Robinson, C.J. Motion for reconsideration of the denial of a permanent injunction based on newly identified evidence was granted in part.
Continue Reading...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.
Continue Reading...Robinson, C.J. Cordis’ renewed motion for summary judgment of non-infringement was granted. Plaintiffs’ motion to exclude evidence of testing by Cordis’ expert Dr. Sabatini and related testimony was denied. Plaintiff’s motion for summary judgment of validity due to no anticipation was granted.
Continue Reading...IMX, Inc. v. LendingTree, LLC, No. 03-1067-SLR, Jan. 10, 2007.
Robinson, J. Defendant’s motion for JMOL and new trial was denied. Plaintiff’s motion for enhanced damages was granted. Plaintiff’s motion for a permanent injunction was denied with leave to supplement briefing.
Continue Reading...Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 20, 2006.
Jordan, J. Motion for reargument and reconsideration of previous ruling of non-infringement is denied.
Continue Reading...
Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Oct. 31, 2006.
Jordan, J. Defendants’ motion for summary judgment of non-infringement is granted.
Continue Reading...
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.
Novozymes A/S v. Genencor International, Inc. et al., No 05-160-KAJ, Aug. 24, 2006.
Jordan, J. Defendants were found to infringe an enforceable patent relating to alpha-amylase enzymes after bench trial. A bench trial on willfulness and damages will follow. The 64-page opinion also addresses claim construction.
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.
Continue Reading...
Ciba Specialty Chemicals Corp. v. Hercules Inc., et al., No. 04-293-KAJ, June 20, 2006.
Jordan, J. The court narrowly construes “cross-linking agent” and “microbead” based upon statements made during prosecution. Request for construction of other claims is denied without prejudice. Defendant’s motion for summary judgment of non-infringement due to the absence of a “cross-linking agent” and “microbead” in the accused product. is granted. Plaintiff’s motion for summary judgment of infringement under the doctrine of equivalents is denied.
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.
Monsanto Company et al. v. Syngenta Seeds, Inc., et al., C.A. 04-305-SLR, May 10, 2006.
Robinson, J. Defendants’ motions for summary judgment of non-infringement of two patents-in-suit, and non-enablement of the third patent were granted. Other motions denied as moot.
McKesson Information Solutions LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 17, 2006.
Robinson, J. Pretrial order regarding disputed deposition designations.
McKesson Information Solutions, LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 5, 2006.
Robinson, J. Plaintiff’s motion for summary judgment of infringement is denied due to genuine issues of material fact. Defendant’s motion is granted in part where plaintiff’s experts have not performed a structure to structure comparison as required in a means plus function infringement analysis. It is otherwise denied.
Continue Reading...Jordan, J. Court resolved disputes over proposed jury instructions relating to contributory infringement.
Microstrategy Incorporated v. Business Objects Americas, No. 03-1124-KAJ, Jan. 23, 2006.
Jordan, J. Court provided claim construction. Also summary judgment motion regarding noninfringement was granted; motion regarding infringement was denied. Motion as to invalidity of 2 of 3 patents was granted; motion regarding invalidity of third patent was denied. Also denied as moot were defendant’s motions regarding noninfringement of the two invalid patents.
Continue Reading...Enter keywords:
For more information concerning any of these cases, contact Mary Matterer at mmatterer@morrisjames.com or 302.888.6960
