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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Amended complaint alleging sales results in jury trial in pharma case

Sepracor Inc. v. Dey L.P. and Dey, Inc., Civil Action No.06-113-JJF, July 15, 2010.

Farnan, J.  Plaintiff’s motion to file and amended and supplemental complaint and jury demand is granted.

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Request for jury trial on damages is denied for now; schedule dispute is resolved

Cordance Corporation v. Amazon.Com, Inc., Civil Action No.06-491-MPT, March 19, 2010.

Thynge, M. J.  The Order to bifurcate remains in place and the Court adopts plaintiff’s proposed scheduling order on remaining issues.

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Equitable interest in patent claim fails resulting in dismissal and fee award

Huntley, L.L.C. v. Monterey Mushrooms Inc., Civil Action No. 08-377-GMS, September 18, 2009.

Sleet, C. J.  Defendant’s motion to dismiss for lack of standing and lack of subject matter jurisdiction is granted.  Defendant’s motion for costs is granted in part and denied in part.

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Patent misuse claim will not be tried to a jury; damages are limited

Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06-491a-MPT, July 28, 2009.

Thynge, M.J.  Patent misuse shall be tried and determined by the Court and Plaintiff’s claim for damages of the patent-in-suit begins on the date of correction by the PTO.

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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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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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KSR does not change existing law regarding presumption of validity

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.


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