Certain expert testimony is stricken where documents were not produced
Robinson, J. Motion to exclude certain expert testimony is granted. Motion to strike affirmative defense of estoppel is deferred.
Continue Reading...Post-trial briefing is limited to trial record
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...Stay pending reexamination is granted
Abbott Diabetes Care, Inc., v. Dexcom, Inc., C.A. No. 06-514-GMS, September 30, 2007.
Sleet, C.J. Defendant’s motion to strike the complaint is denied. Dexcom’s motion to consolidate this proceeding and to stay this proceeding pending reexamination of the seven patents-in-suit is granted.
Summary judgment of non-infringement in stent case was granted.
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...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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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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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...
Robinson, J. Defendants’ motions for JMOL and new trial are denied. Continue Reading...
Expert's testimony about non-infringement expert's opinion was precluded
Inline Connection Corp. et al. v. AOL Time Warner Inc. et al., Nos. 02-272-MPT, 02-477-MPT (consolidated), Feb. 5, 2007.
Thynge, J. Defendants’ motion to preclude certain testimony from an infringement expert was granted in part and denied in part.
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Thynge, J. Defendants’ motion to preclude certain testimony from an infringement expert was granted in part and denied in part.
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Untimely prior art references were precluded due to lack of diligence
Bridgestone Sports Co. Ltd. v. Acushnet Co., No. 05-132-JJF, Feb. 15, 2007.
Farnan, J. A motion to preclude untimely disclosed prior art references was granted.
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Farnan, J. A motion to preclude untimely disclosed prior art references was granted.
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Damages expert's testimony was limited in part
Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 16, 2007.
Thynge, J. A motion in limine to limit expert testimony was granted in part. A motion for summary judgment to preclude damages for non-infringing lines was denied.
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Thynge, J. A motion in limine to limit expert testimony was granted in part. A motion for summary judgment to preclude damages for non-infringing lines was denied.
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Defendants prevail on invalidity arguments
SRI International Inc. v. Internet Security Systems, Inc. et al., No. 04-1199-SLR, Oct. 17, 2006.
Robinson, J. Defendants’ motions for summary judgment of invalidity are granted. Plaintiff’s motion regarding no anticipation is denied as moot. Defendants’ motion for failure to disclose best mode is denied as moot.
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A few in limine motions granted before jury trial; most denied
Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., No. 04-1371–JJF Sept. 20, 2006.
Farnan, J. Court grants 3 of 19 motions in limine filed by defendants, and 1 1/2 out of 5 motions filed by plaintiff.
Evidentiary rulings after bench trial
Forest Laboratories, Inc. v. Ivex Pharmaceuticals, Inc., No. 03-891-JJF July 25, 2006.
Farnan, J. After a bench trial, the court sustained about 10 out of 30 evidentiary objections after post-trial briefing.
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ANDA filing held not to support claim of willful infringement
Boehringer Ingelheim Int’l GMBH et al, v. Barr Laboratories, Inc. et al., No. 05-700-KAJ, July 6, 2006.
Jordan, J. Defendants’ motion for reconsideration of prior ruling denying motion to strike willfulness allegations is granted and exceptional case discovery is stayed.
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Jordan, J. Defendants’ motion for reconsideration of prior ruling denying motion to strike willfulness allegations is granted and exceptional case discovery is stayed.
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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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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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Case remanded to Chancery Court after dismissal of Lanham Act claims
Crown Packaging Technology, Inc. v. Albermarle Corp., Inc., No. 05-892-JJF, June 8, 2006.
Farnan, J. Defendant’s motion to dismiss Lanham Act claims was granted. Supplemental state court claims were remanded to the Court of Chancery.
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Farnan, J. Defendant’s motion to dismiss Lanham Act claims was granted. Supplemental state court claims were remanded to the Court of Chancery.
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Pretrial limitations on deposition testimony ordered
McKesson Information Solutions LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 17, 2006.
Robinson, J. Pretrial order regarding disputed deposition designations.
Reconsideration granted after court reviews proper record
Padcom, Inc. v. Netmotion Wireless, Inc., No. 03-983-SLR, Mar. 8, 2006.
Robinson, J. Motion for reconsideration granted. Various requests for clarification are addressed.
