Misconstruction of claim construction did not support grant of JMOL

McKesson Automation, Inc. v. Swisslog Italia S.P.A. and Translogic Corporation, Civ. No.06-028-SLR, January 12, 2012.

Robinson. J.  Renewed motion for JMOL and motion for new trial or to alter or amend judgment are denied.

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Post trial relief is denied; non-infringement verdict stands.

Grape Technology Group, Inc. and KGB, Inc. v. Jingle Networks, Inc., Civ. A. No. 08-408-GMS, January 9, 2012.

Sleet, C. J.  Plaintiff’s motion for a new trial is denied. Defendant’s motion for JMOL of invalidity is denied.  Defendant’s motion for attorneys’ fees 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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On-sale bar jury instruction was not erroneous

Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath And Body Works, LLC, Civil Action No. 06-601-LPS, September 8, 2011.

Stark, J.  Plaintiff’s renewed motion for judgment as a matter of law or for new trial is denied.

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Jury verdict of no infringement and invalidity upheld

Arcelormittal France, et al. v. AK Steel Corporation, et al., Civ. No. 10-050-SLR, August 25, 2011.

Robinson, J.  Plaintiff’s motion for JMOL new trial is denied. Defendant’s motion for JMOL of noninfringement is denied as moot.

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Use of evidence in violation of trial practice guidelines warranted new trial

Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No. 08-63-SLR, August 12, 2011.

Robinson, J.  Plaintiff’s motion for JMOL or for a new trial on validity is granted in part and denied in part and its motion for permanent injunction is denied.  Defendants’ renewed motion for JMOL or for new trial on invalidity is also granted in part and denied in part.  The parties’ remaining JMOL motions are denied as moot.

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Post trial motions are denied in view of evidence before jury

CNH America LLC, et al. v. Kinze Manufacturing, Inc., C. A. No. 08-945-GMS, August 11, 2011.

Sleet, C. J.  Renewed motions for JMOL, new trial, and attorney fees are denied.

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Untimely JMOL motion considered under "unique circumstances" doctrine

S.O.I.TEC Silicon on Insulator Technologies, S.A. and Commissariat à L’Énergie Atomique v. MEMC Electronic Materials, Inc., Civ. No. 08-292-SLR, July 13, 2011.

Robinson, J.  Post-trial motions are either denied or moot.

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New trial on damages, written description, and obviousness is warranted

LG Electronics U.S.A., et al. v. Whirlpool Corporation, et al., C. A. No. 08-234-GMS, July 1, 2011.

Sleet, C. J. Post-trial motions granted in part and denied in part.

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Jury's finding under doctrine of equivalents reversed

Energy Transportation Group, Inc. v. Sonic Innovations, Inc., et al., C.A. No. 05-422-GMS, June 7, 2011.

Sleet, C. J.  Defendants’ motion for judgment as a matter of law of noninfringement and invalidity and for a new trial granted in part and denied in part.  The jury’s finding of infringement under the doctrine of equivalents was reversed as to two claims of one of the patents-in-suit due to prosecution history estoppel.  The jury’s finding of validity and infringement as to the other patent-in-suit was preserved.  The defendants’ request for a new trial on the issues of infringement and invalidity was denied.  Plaintiff’s motion for pre-judgment and post-judgment interest was granted.  All other post-trial motions were denied.

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JMOL motion on invalidity or new trial fails; judgment is amended

Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, April 21, 2011.

Robinson, J.  Plaintiff’s motion for JMOL of no anticipation and no obviousness or for a new trial is denied; and defendant’s motion to amend the judgment is granted to enforce prior stipulation.

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Denial of JMOL and new trial motions and entry of permanent injunction

B. Braun Melsungen AG, et al. v. Terumo Medical Corporation, et al., C. A. No. 09-347-LPS, April 21, 2011.

Stark, J.  The Court denied both parties’ JMOL motions and motions for a new trial and entered judgment consistent with the jury verdict. Permanent injunction proposed by defendants entered, effective immediately.

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Court upholds jury defense verdict based on the on sale bar

Leader Technologies, Inc. v. Facebook, Inc., Civil Action No. 08-862a-LPS, March 14, 2011. (D.I. 628, D.I. 629)

Stark, J.  Defendant’s renewed motion for JMOL of no direct infringement is denied and its additional motions for JMOL and for a new trial are denied. Plaintiff’s motion for JMOL or a new trial is denied.

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Post-trial motions are denied except for interest and accounting

Edwards Lifesciences AG, et al. v. Corevalue, Inc. and Medtronic Corevalue, LLC, C. A. No. 08-91-GMS, February 7, 2011.

Stark, C. J.  Defendants’ Motions for Judgment as a Matter of Law, Motion for a New Trial or Alternatively to Amend Judgment, Motion for Attorney Fees, Motion for Enhanced Damages, Motion to Strike, Motion to Supplement Court Record and Motion to Stay Judgment Pending Post Trial Motions are denied. Plaintiffs’ Motion for Prejudgment and Post judgment Interest is granted.  Plaintiffs’ Motion for Permanent Injunction, Accounting and Related Relief is granted in part and denied in part.

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Record reopened after ruling of obviousness

Senju Pharmaceutical Co. Ltd., et al. v. Apotex Inc. and Apotex Corp., Civ. No.07-779-SLR, November 3, 2010.

Robinson, J.  Plaintiff’s motion for a new trial or reconsideration of judgment is dismissed without prejudice to renew and the record is opened for further evidence of a basic principle of science.

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Plaintiff prevails after post-trial briefing but no injunction issues

Robert Bosch, LLC v. Pylon Manufacturing Corp., Civ. No.08-542-SLR, November 3, 2010.

Robinson, J.  The court grants in part and denies in part six post trial motions.

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Letter seeking to strike motions for JMOL is denied as procedurally improper

Leader Technologies, Inc. v. Facebook, Inc., C. A. No.08-862-LPS, August 31, 2010.

Stark, J.  Plaintiff’s request to strike defendant’s motions for judgment as a matter of law is denied.

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JMOL granted on certain infringement and validity claims

CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems, Inc., Civil Action No.07-170-JJF, July 30, 2010.

Farnan, J.  Defendant's JMOL of no direct infringement on all claims is denied; defendant's JMOL of no indirect infringement of the ‘776 patent is granted; defendant's JMOL of no infringement under a theory of component liability is granted; defendant's JMOL of no infringement under the doctrine of equivalents is denied as moot; plaintiff's JMOL that the ‘054 patent is infringed and that it is not invalid is denied in part and granted in part.  Plaintiff's motion is denied with regard to indirect infringement, and granted with regard to invalidity. Plaintiff's JMOLs that the ‘758, ‘776 and the ‘641 patents are infringed and that they are not invalid are denied.

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Defendants' JMOL bid fails

The Dow Chemical Company v. Nova Chemicals Corporation, et al., Civil Action No.05-737a-JJF, July 30, 2010.

Farnan, J.  Defendants’ motions for JMOL on invalidity, no entitlement to lost profits, non-infringement, and for a new trial are denied.

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JMOL and new trial are denied on noninfringement claims

Roche Diagnostics Operations, Inc., et al. v. Abbott Diabetes Carey, et al., Civil Action No.07-753-JJF, July 27, 2010.

Farnan, J.  Plaintiff’s motion for JMOL on Defendant’s fourth, fifth, sixth and seventh counterclaims is moot.  Defendant’s motion For JMOL on Defendant’s breach of contract and unfair competition counterclaims and Defendant’s motion for a new trial.

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JMOL as to adequate written description and no anticipation is granted

Cordance Corporation v. Amazon.com Inc. and Amazon Web Services, LLC, Civil Action No.06-491-MPT, February 22, 2010.

Thynge, M. J. Plaintiff’s Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial is granted in part, denied in part, and dismissed as moot in part.

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Court upholds noninfringement verdict, grants JMOL as to invalidity

Inline Connection Corporation, et al. v. Earthlink, Inc., C. A. No.02-272-MPT; C.A. No. 02-477-MPT, February 5, 2010.

Thynge, M. J.  Plaintiff’s motion for judgment as a matter of law as to invalidity is granted but is denied as to noninfringement. Plaintiff’s motion for a new trial is also denied.

 

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New trial application fails; pre and post judgment interest is awarded

St. Clair Intellectual Property Consultants, Inc. v. Fuji Photo Film Co., Ltd., et al., Civ. Act. No. 03-241-JJF, November 19, 2009.

Farnan, J.  Plaintiff’s Motion For New Trial On Damages Pursuant To Fed.R.Civ.P. 59, Or In The Alternative, Motion For Prejudgment And Post-Judgment Interest will be denied to the extent a new trial is sought and granted to the extent that prejudgment and post-judgment interest is sought.  In addition, Plaintiff’s Motion For A New Trial On Infringement will be denied because the Court has not modified it claim construction.  The Final Judgment Order in this case will be amended to reflect the Court's prejudgment and post-judgment interest rulings.

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Defendant's obvious and new trial motions are denied

Linear Technology Corporation v. Monolithic Power Systems, Inc., C.A. No. 06-476-GMS, November 12, 2009.

Sleet, C.J.  The Court denies defendant’s post-trial motions that the patents-in-suit are obvious, or alternatively for a new trial.

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Plaintiff prevails on infringement and validity following bench trial

In re: Brimonidine Patent Litigation, MDL Docket No. 07-md-1866-GMS, October 23, 2009.

Sleet, C. J.  The Court finds that the defendants' proposed generic products infringe the asserted claims of the patents-in-suit; (B) the patents-in-suit are not invalid; (C) the patents-in-suit are not unenforceable; and (D) an award for attorneys' fees and costs is not warranted in this case.  The Court also grants the plaintiff's Rule 52(c) motion, and denies defendant’s Rule 52(c) motion.

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Jury verdict is adjusted after post-trial motions; new trial is denied

SRI International, Inc. v. Internet Security Systems, Inc., et al., Civ. No. 04-1199-SLR, August 20, 2009.

Robinson, J.  Plaintiff’s motion for post-trial relief is denied. ISS’s motion for JMOL is granted in part and denied in part. Symantec’s motion for JMOL with respect to non-infringement by SGS and Manager Products is granted. Symantec’s motion for a new trial or to amend judgment is denied.

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Permanent injunction issues and Court awards enhanced damages

Finjan Software, LTD. v. Secure Computing Corporation, C.A. No. 06-369-GMS, August 18, 2009.

Sleet, C. J.  All of defendants’ post-trial motions are denied, as well as plaintiff’s renewed motion for invalidity. However, the Court grants plaintiff’s motion for a permanent injunction and grants in part plaintiff’s motion for enhanced damages and its motion to amend the judgment and for an accounting of sales.

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Jury award is reduced from $52.3 to $44.9 to comport with the evidence

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.

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Jury verdict for willful infringement is upheld without enhanced damages

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.

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Damage award reduced by 82% on remittitur motion

Power Integrations, Inc. v. Fairchild Semiconductor, et al., Civ. No. 04-1371-JJF, December 12, 2008.

Farnan, J.  Court grants in part defendant’s Motion for Remitter [sic], Judgment as a Matter of Law, or, in the Alternative for a New Trial on Damages to the extent that it requests a remittitur enters order reducing the damages awarded by 82%.

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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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Stay of injunction pending appeal is denied

Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, November 10, 2008.

Robinson, J.  Defendant’s post-trial motion for JMOL or a new trial following jury verdict on validity is denied.  Plaintiff’s motion for a permanent injunction is granted by separate order and stay of that order pending appeal is denied.

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$34 million verdict survives post trial challenge

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, November 7, 2008.

Farnan, J.  Defendants’ motion for judgment as a matter of law or for a new trial regarding invalidity of the patent-in-suit is denied.

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JMOL on close question is denied

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.

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Court finds substantial evidence supports jury's verdict of infringement

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.

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Motions for new trial and JMOL on damages denied after remand.

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.

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Damages remitted and enhanced 25% for willfulness; JMOL defenses waived

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.

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Court issues contempt order against defendant for failure to abide by injunction

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





 

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Defendant is enjoined from marketing its DHA products

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.


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JMOL and new trial requests are denied

Cordis Corporation v. Boston Scientific Corporation, et al., C.A. Nos. 03-027-SLR and 03-283-SLR, September 24, 2007.

Robinson, J.  Cordis’ motion for judgment as a matter of law or for a new trial is denied.



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JMOL and new trial were denied in stent case

Advanced Cardiovascular Systems, Inc. et al. v. Medtronic Vascular, Inc. et al., No. 98-80-SLR, Mar. 29, 2007.

Robinson, J.  Defendants' motion for judgment as a matter of law of non-infringement and invalidity and motion for a new trial were denied.

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Verdict of DOE infringement withstands reconsideration motion

Cordis Corp. v. Boston Scientific Corp. et al, No. 03-027-SLR, Mar. 27, 2007.

Robinson, J.  Plaintiff’s motion for reconsideration in stent case was denied.

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Defense tactics result in denial of JMOL and new trial motions

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

Robinson, J.  Defendants’ motions for JMOL and new trial are denied. Continue Reading...

JMOL and new trial were denied as the court awarded enhanced damages

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.

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New trial and JMOL on infringement and invalidity were denied

Boston Scientific Scimed, Inc. et al. v. Cordis Corp. et al., No. 03-283-SLR, June 15, 2006.

Robinson, J.  Defendants’ motion for JMOL or new trial on infringement and invalidity is denied. Defendants’ motion to strike portions of plaintiffs’ reply brief is granted in part and denied in part.  New arguments are stricken.

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JMOL and new trial motions denied after verdict of infringement and nonobviousness following remand

Cordis Corporation v. Boston Scientific Corp. et al., Cons. C.A. 97-550-SLR, May 16, 2006 (corrected).

Robinson, J.  Medtronic’s motion for new trial on Cordis’ patent infringement claims and Medtronic’s invalidity counter-claims, and Medtronic’s motion for JMOL on infringement are denied.

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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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