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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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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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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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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Double patenting motion is granted; mismarking to be tried to the bench

Tyco Healthcare Group, LP v. C.R. Bard, Inc., and Davol, Inc., Civ. No. 09-264-SLR, January 20, 2011.

Robinson, J.  Plaintiff’s motion to bifurcate false marking claims is granted in part and denied in part; plaintiff’s motion to strike portions of expert report is denied; defendants’ motion to amend disputed claim chart is denied as moot; plaintiff’s motion for summary judgment for obviousness-type double patenting is granted; defendants’ motion for summary judgment regarding mismarking is granted – intent and damages to be tried to the court following jury trial; defendants’ motion for summary judgment as to invalidity due to inadequate written description is denied as moot; defendants’ motion for summary judgment of non-infringement is granted in part and denied in part; plaintiff’s motion for leave to serve supplemental expert report is denied.

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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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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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