Xpertuniverse, Inc. v. Cisco Systems, Inc., Civil Action No.09-157-RGA, January 20, 2012.
Andrews. J. Defendant’s motion to dismiss certain claims in plaintiff’s fourth amended complaint or, in the alternative, to strike is denied.
Continue Reading...Laboratory Skin Care, Inc. v. Limited Brands, Inc., et al., Civil Action No. 06-601-LPS, January 3, 2012.
Stark, J. Form of final judgment will be entered by a separate document and bill of costs stricken without prejudice.
Continue Reading...Softview LLC v. Apple Inc., and AT&T Mobility LLC, Civil Action No. 10-389-LPS, September 30, 2011.
Stark, J. Plaintiff’s motion to amend the complaint to assert claims against additional infringers is granted. Plaintiff’s motion to dismiss inequitable conduct defenses is granted.
Continue Reading...BAE Systems Information and Electronic Systems Integration Inc. v. Aeroflex Incorporated et al., Civ. No. 09-769-LPS, August 2, 2011 (unsealed August 9, 2011).
Stark, J. Plaintiff’s motion to strike affidavits filed in support of summary judgment is denied. Defendant’s motion for summary judgment of non-infringement is granted.
Continue Reading...Boston Scientific Corporation, et al. v. Cordis Corporation, Civ. No. 10-315-SLR, April 13, 2011.
Robinson. J. Defendant’s motion to stay trial on damages and willfulness pending reexamination is denied; motion to submit supplemental brief in support of motion to stay is denied as moot; plaintiff’s motion for summary judgment of infringement is granted; defendant’s motion for partial summary judgment on the date of the hypothetical negotiation is denied; summary judgment is granted sua sponte in favor of plaintiff with respect to the date of hypothetical negotiation; defendant’s motion to exclude expert from relying on outcome of prior case in reasonable royalty analysis is denied; plaintiff’s motion to preclude damages testimony based on incorrect hypothetical negotiation dates is granted.
Continue Reading...Cephalon, Inc. and Cima Labs, Inc. v. Watson Pharmaceuticals, Inc., et al., Civ. No. 09-724-SLR, Civ. No. 08-330SLR March 24, 2011.
Robinson, J. Judgment in favor of plaintiffs is entered on No. 09-724. Defendants’ motion to strike expert testimony is denied in part and denied in part as moot. Plaintiffs’ motion to strike defendants’ notice of subsequent authority is denied as moot. Defendants’ motion to vacate the 10/28/10 order staying launch of generic drug is denied. The court construes three disputed terms. Judgment in favor of defendants is entered in No. 08-330 in a separate opinion.
Continue Reading...Southco, Inc. v. Penn Engineering & Manufacturing Corp., et al., C. A. No. 10-03-LPS, March 7, 2011.
Stark, J. Plaintiff’s Motion to Strike and Dismiss is denied. Defendant’s Motion to Strike and Motion to Dismiss Plaintiff’s Counterclaims is denied as well as their Motion to Strike Plaintiff’s Reply Brief. Plaintiff is granted leave to file a Surreply.
Continue Reading...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.
Continue Reading...Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath And Body Works, LLC, Civil Action No. 06-601-LPS, December 6, 2010.
Stark, J. Plaintiff’s motion to preclude is granted. Plaintiff’s motion to file a surreply is denied. Defendants’ motion for summary judgment under § 102(b) is denied. Remaining portions of defendants’ invalidity motion are denied. Defendants’ motion to bifurcate liability from damages and willfulness is granted.
Continue Reading...ICU Medical, Inc. v. Rymed Technologies, Inc., Civ. No. 07-468-LPS, November 23, 2010.
Stark, J. Plaintiff’s motion for judgment on the pleadings or partial summary judgment is denied. Plaintiff’s motion to preclude expert testimony is granted. Defendant’s motion to exclude section 282 notice and references is denied. 8 in limine motions are additionally decided.
Continue Reading...Stored Value Solutions, Inc. v. Card Activation Technologies, Inc., C. A. No.09-495-LPS, September 27, 2010.
Stark, J. Defendant’s motion to strike the rebuttal report of plaintiff’s
invalidity expert is denied.
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.
Continue Reading...Symbol Technologies LLC v. Janam Technologies, Inc., Civil Action No.08-340-JJF, July 20, 2010.
Farnan, J. Defendant’s motion to preclude evidence of Plaintiff’s profits is denied. Plaintiff’s motion for a preliminary injunction is denied.
Continue Reading...Intermec Technologies Corp. v. Palm Inc., Civ. No. 07-272-SLR, June 7, 2010.
Robinson, J. Defendant’s motion to exclude evidence and argument on invalidity pertaining to plaintiff’s Trakker product is denied.
Continue Reading...Biovail Laboratories International SRL v. Cary Pharmaceuticals Inc., Civ. No.09-605-JJF-LPS, May 26, 2010.
Stark, M. J. Defendant’s motion to strike expert’s supplemental declaration is denied.
Continue Reading...The Dow Chemical Company v. Nova Chemicals Corporation (Canada), et al., Civil Action No.05-737-JJF, May 20, 2010.
Farnan, J. Defendants’ motion for summary judgment of noninfringement and/or invalidity is denied. The parties agree that portions of the invalidity argument are moot due to claim construction, and are therefore denied as moot. Defendants’ motion to strike untimely expert declarations is denied.
Continue Reading...UCB, Inc., et al. v. KV Pharmaceutical Company, Civil Action No.08-223-JJF, March 9, 2010.
Farnan, J. Plaintiffs’ three in limine motions and defendant’s three in limine motions are all denied.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309-JJF-LPS, December 18, 2009.
Stark, M.J. Magistrate recommends granting in part and denying in part Defendants’ motion to strike defenses and counterclaims of inequitable conduct and patent misuse.
Continue Reading...Eurand, Inc., Cephalon, Inc. and Anesta AG v. Mylan Pharmaceuticals, Inc., et al., C.A. No. 08-889-SLR-MPT; Eurand, Inc., Cephalon, Inc. and Anesta AG v. Impax Laboratories, Inc., C.A. No. 09-18-SLR-MPT, December 9, 2009.
Thynge, M.J. Defendant’s request for lab notebooks and other R&D documents relating to a product other that covered by the patent-in-suit is denied. Defendant’s request for disclosure of secondary considerations evidence is granted.
Continue Reading...Mallinckrodt Inc., et al. v. E-Z-EM Inc. and Acist Medical Systems, Inc., C.A. No. 09-228-JJF, December 3, 2009.
Farnan, J. Plaintiffs’ motion for leave to file an amended and supplemental complaint is granted; Defendants’ motion to strike is denied as moot.
Continue Reading...McKesson Automation, Inc. v. Swisslog Holding AG, et al., Civ. No. 06-28-LPS, October 30, 2009.
The Magistrate recommends denial of defendant’s motion to dismiss. Disputed terms are construed following a Markman Hearing. In addition recommendations are made on several competing motions for summary judgment. Finally, the parties’ competing motions to preclude expert testimony are denied.
Continue Reading...Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath and Body Works, LLC, Civil Action No. 06-601-JJF, October 14, 2009.
Farnan, J. Defendants’ motion for summary judgment on invalidity is denied. Defendants’ motion for leave to supplement is granted and plaintiffs’ motion to preclude is granted. Further briefing is ordered with regard to defendants’ motion for summary judgment pursuant to §102(b).
Continue Reading...Smithkline Corporation v. Barr Pharmaceuticals, Inc., et al., Civ. No. 08-112- SLR, September 23, 2009.
Robinson, J. Plaintiff’s motion to strike defendant’s section 112 written description defenses and portions of expert report addressing those defenses is denied.
Continue Reading...Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06-491a-MPT, June 30, 2009.
Thynge, M. J. Defendant’s motion to strike second declaration by an inventor/expert is moot. The second declaration will not be considered for purposes of summary judgment.
Continue Reading...Sun Microsystems, Inc. v. Versata Enterprises, Inc., et al., Civil Action No. 07-782-JJF, July 1, 2009.
Farnan, J. Plaintiff’s motion to dismiss defendants’ counterclaims is granted in part and denied in part. Plaintiff’s motion to strike is also granted in part and denied in part. Defendants are granted leave to amend their defenses and counterclaims.
Continue Reading...In Re: Rembrandt Technologies, LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, June 29, 2009.
Stark, M.J. A motion to amend complaint filed by equipment vendors is granted. The Magistrate Judge further recommends that Rembrandt’s motion to strike or dismiss antitrust counter-counterclaims be denied as moot; and a motion for judgment on the pleadings relating to certain claims filed by the cable defendants be denied.
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...Symbol Technologies, Inc. et al. v. Aruba Networks, Inc., C.A. No. 07-519-JJF, March 30, 2009.
Farnan, J. Plaintiffs’ motion to strike certain portions of the defendant’s answer and counterclaim is granted in part.
Continue Reading...Takeda Pharmaceuticals Company, Ltd., et al. v. Teva Pharmaceuticals USA, Inc., Civ. No. 07-331-SLR, March 4, 2009.
Robinson, J. This matter arises as a pretrial evidentiary dispute
Continue Reading...Medtronic, Inc. v. Boston Scientific Corporation, et al., C. A. No. 07-823-GMS, November 21, 2008.
Stark, M. J. Motion to dismiss or in the alternative to transfer defendant’s counterclaim is denied. Court grants defendant’s motion to strike plaintiff’s jury demand.
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. Defendants’ motion to preclude plaintiff from relitigating lost profits based on issue preclusion is granted. Defendant Universal’s motion to preclude lost profits based on double recovery, judicial estoppel and/or implied license is moot. Defendants’ motion for reconsideration is denied.
Continue Reading...Sepracor Inc. v. Dey, L.P. and Dey, Inc., et al., C.A. No. 06-113-JJF, September 26, 2008.
Farnan, J. Court grants defendants’ motion to strike plaintiff’s willfulness allegations but preserves plaintiff’s exceptional case claim.
Continue Reading...Robinson, J. Motion to exclude certain expert testimony is granted. Motion to strike affirmative defense of estoppel is deferred.
Continue Reading...Farnan J. Court rules on certain evidentiary issues raised by both parties during bench trial and denies all objections.
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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...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.
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...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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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.
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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McKesson Information Solutions LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 17, 2006.
Robinson, J. Pretrial order regarding disputed deposition designations.
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.
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