Defendants abandoned their inequitable conduct counterclaim

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.

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Patent claim is found obvious in view of prior art

Senju Pharmaceutical Co. Ltd., et al. v. Apotex Inc. and Apotex Corp., Civ. No. 07-779-SLR, December 20, 2011.

Robinson, J.  The court issues findings of fact and conclusions of law.

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Court declines to find inducement on a constructive or willfully blind theory

Apeldyn Corporation v. Au Optronics Corporation, et al., Civ. No. 08-568b-SLR, November 15, 2011.

Robinson, J.  Defendant’s summary judgment of invalidity is denied. Defendant’s summary judgment with respect to inducement is granted, the motion is denied in all other respects. Another defendant’s motions for summary judgment of no inducement and noninfringement are granted.

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Expert may testify as to infringement issues and secondary considerations

Apeldyn Corporation v. Au Optronics Corporation, et al., Civ. No. 08-568-SLR, November 15, 2011.

Robinson, J.  Daubert motion is denied.

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Supplemental information required on issue of expert exclusion

Asahi Glass Co., LTD., et al. v. Guardian Industries Corp., Civ. No. 09-515a-SLR, September 26, 2011.

Robinson, J.  Motion to exclude expert testimony will be addressed at the pretrial conference.

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Generic Lumigan® products infringe valid patents

Allergan, Inc. v. Barr Laboratories, Inc., et al., Civ. No. 09-333-SLR, September 8, 2011.

Robinson, J.  Findings of fact and conclusions of law.

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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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Patent is not invalid for obviousness-type double patenting

Eli Lilly and Company, et al. v. Teva Parenteral Medicines, Inc., et al., Civ. No. 08-335-GMS, July 28, 2011.

Sleet, C. J.  Post-trial findings of fact and conclusions of law.

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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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Patent claims are invalid due to lack of written description

Stored Value Solutions, Inc. (“n/k/a”) Ceridian Stored Value Solutions, Inc. v. Card Activiation Technologies, Inc., et al., C. A. No. 09-495-KAJ (designated), July 1, 2011.

Jordan, J. (designated)   Declaratory plaintiff’s motion on invalidity due to anticipation and obviousness is granted in part and its motion for partial summary judgment of invalidity due to lack of written description is granted.  Declaratory defendant’s motions for summary judgment of validity and motion to exclude expert testimony are denied.

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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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Finding in-part of summary judgment of non-infringement is recommended

Quantum Loyalty Systems, Inc., et al. v. TPG Rewards, Inc., Civil Action No. 09-cv-022-SLR-MPT, May 24, 2011.

Thynge, M.J.  Defendant’s motion to dismiss was converted into a motion for summary judgment and a finding in-part of non-infringement was recommended.

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Patents are held invalid as obvious in ANDA case

In Re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, Civ. No. 09-2118-SLR, May 12, 2011.

Robinson, J.  After bench trial, the courts issues claim constructions and finds that defendants infringe the asserted claims of the patents-in-suit, that the patents are not invalid for failure to disclose their best mode, and that the patents are invalid as obvious.  The court further finds that the patents are not unenforceable due to inequitable conduct.

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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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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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Double damages are awarded, but no attorneys' fees

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C. A. No. 04-1371-LPS, January 18, 2011.

Stark, J.  Defendant’s post-trial motion to amend findings of fact is denied; plaintiff’s motion to declare case exceptional and award attorneys’ fees and treble damages is granted in part and denied in part.

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Court precludes expert testimony, denies judgment on the pleadings

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.

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The court issues an 82-page opinion on ten summary judgment motions

S.O.I. Tec Silicon On Insulator Technologies, S.A. and Commisseriat à L’Énergie Atomique v. MEMC Electronic Materials, Inc., Civ. No.08-292-SLR, October 13, 2010.

Robinson, J.  The court rules on 10 summary judgment motions and expert issues.

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Critical dates for prior art in OTDP defense are governed by § 102

Eli Lilly and Company, et al. v. Teva Parenteral Medicines, Inc., C. A. No.08-335-GMS-SLR, November 5, 2010. (Consolidated)

Sleet, C.J.  Plaintiff’s motion in limine regarding the critical date[s] for determining prior art for the purpose of defendant’s obvious type double patenting defense is denied. Defendant’s motion in limine on the same topic is granted.

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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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Court finds inequitable conduct

Aventis Pharma S.A., et al. v. Hospira, Inc., C. A. No.07-721-GMS, September 27, 2010.

Sleet, C. J.  The court makes post-trial findings of fact and conclusions of law as follows: (A) claims 2 and 10 of the '561 patent are invalid due to indefiniteness; (B) all asserted claims of the patents-in-suit are invalid due to obviousness; (C) the asserted claims are unenforceable due to inequitable conduct; (D) the asserted claims are not invalid due to double patenting; (E) the defendants' proposed products infringe asserted claims 2, 5, and 10 of the '561 patent and claim 33 of the '512 patent; and (F) each of the parties Rule 52(c) motions are granted in part and denied in part.

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Summary Judgment for non-infringement is granted and granted-in-part on validity

Intermec Technologies Corp. v. Palm Inc., Civ. No.07-272B-SLR, September 14, 2010.

Robinson, J.  Plaintiff’s motion for summary judgment on infringement on the ‘678 patent is denied. Defendant’s motion for summary judgment for non-infringement of the Intermec patents is granted. Plaintiff’s motion for partial summary judgment of validity of the System patents is granted-in-part. Plaintiff’s motion for summary judgment of infringement and validity of the Terminal patents is granted-in part and Defendant’s motion for summary judgment of indefiniteness of certain claims on the ‘678 and 499 patents is granted-in-part.

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Summary judgment rulings issue in cable case

Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63a-SLR, August 24, 2010.

Robinson, J.  Plaintiff’s motion for summary judgment of no invalidity for anticipation is granted as to one patent and denied as to the remaining patents.  Plaintiff’s infringement motion is granted in part. Defendant’s motion for summary judgment of invalidity for anticipation and obviousness is granted with respect to one patent and denied as to others.  Defendant’s motion for noninfringement is granted in part and denied in part.  Defendant’s motion for failure to mark is granted with respect to 6 patents and denied as to a seventh patent.  Defendant’s motion for summary judgment of no willful infringement is denied without prejudice to renew.

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Summary judgment on noninfringment and invalidity is granted in part

Sigram Schindler Beteiligungsgesellschaft mbH v. Cisco Systems, Inc., Civ. Nos.09-72-SLR, 09-232-SLR, July 26, 2010.

Robinson, J.  Plaintiff's motion to amend its pleadings is denied in part and denied in part as moot; defendant’s motion to dismiss Teles for lack of subject matter jurisdiction is denied as moot; SSBG is substituted for plaintiff pursuant to Rule 25(c); plaintiff’s motion for partial summary judgment of infringement is denied; defendant’s motion for summary judgment of noninfringement is granted; trial on the validity of the '453 and '902 patents is stayed pending final judgment by the Federal Circuit on the pending reexaminations; defendant’s motion for summary judgment of invalidity of the '453 and '902 patents is denied without prejudice to renew should the stay be lifted; defendant’s motion for summary judgment of invalidity of the '431 patent is granted; SSBG's motion for partial summary judgment of no inequitable conduct is denied; and both parties' motions to exclude expert testimony are denied as moot.

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Disputed claims are found to be obvious after ANDA trial

Senju Pharmaceutical Co. Ltd., et al. v. Apotex Inc. and Apotex Corp., Civ. No. 07-779-SLR, June 14, 2010.

Robinson, J.  Judgment issues in favor of defendants after bench trial.  Plaintiffs prevailed on claims of infringement, no lack of enablement, and no inequitable conduct.  Defendants prevailed on their obviousness defense.

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Court rules patent claims are not obvious after ANDA trial

In Re: Alfuzosin Hydrochloride Patent Litigation, MDL Docket No. 08-md-1941-GMS, May 14, 2010.

Sleet, C. J.  After trial the court finds in favor of the patentee that: (1) the '491 patent is not invalid; and (2) an award for attorneys' fees and costs is not warranted in this case.

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Par prevails on obviousness defense; courts finds no inequitable conduct

Santarus Inc., et al. v. Par Pharmaceutical, Inc., C. A. No.07-551-GMS, April 14, 2010.

Sleet, C. J.  The court enters judgment in favor of defendant after a bench trial on the issue of invalidity due to obviousness.  The court further rules that the patents-in-suit are not unenforceable due to inequitable conduct, and that an award of attorneys fees is not warranted.  It also finds the claims of the ‘772 patent are invalid for lack of written description, and other claims are not entitled to the filing date of earlier applications because do not meet the written description requirement.

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Summary judgment is denied pending outcome of Bilski appeal

Accenture Global Services GMBH, et al. v. Guidewire Software, Inc., Civ. No.07-826-SLR, March 5, 2010.

Robinson, J.  Defendant’s motions for summary judgment of invalidity based on indefiniteness, on-sale bar, anticipation or obviousness are denied. Defendant’s motion that the trade secret misappropriation claim is barred by the statute of limitations is denied.  Defendant’s motion for summary judgment of non-infringement is denied without prejudice to renew.  Plaintiff’s motion to strike defendant’s on-sale bar arguments and related documents not identified in invalidity contentions is denied.

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Matter is dismissed for lack of subject matter jurisdiction where no interference-in-fact is found

Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No.08-290a-SLR, February 24, 2010.

Robinson, J.  Defendant’s motion to dismiss for lack of subject matter jurisdiction is granted.

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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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Limited discovery on damages is permitted during liability phase in bifurcated cases

Teles AG Informationstechnologien v. Quintum Technologies, LLC, C.A. No. 06-197-SLR-LPS, October 30, 2009.

Stark, M. J.  The Magistrate orders defendants to produce certain damages information within 20 days of the Order.

 

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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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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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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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