Summary judgment and Daubert motions are denied

Ateliers De La Haute-Garonne (French Corp.) and F2C2 Systems S.A.S. (French Corp.) v. Broetje Automation-USA Inc. (Delaware Corp.), Broetje Automation GMBH (German Corp.), Civ. No. 09-598-LPS, September 16, 2011.

Stark, J.  Motions for summary judgment on infringement, no willful infringement, as to the statute of limitations, and on the issues of trade dress, unfair competition, and intentional interference with prospective economic advantage are denied.  The parties’ respective Daubert motions also were are denied.

Continue Reading...

Letters of request exclude patent prosecution not at issue in lawsuit

Ethypharm S.A. France v. Abbott Laboratories, Civil Action No.08-126-SLR-MPT, November 2, 2010.

Thynge, M. J.  Plaintiff’s motion to issue letters of request for depositions of at least six French current or former employees of defendant is granted in part and denied in part.

Continue Reading...

Eardrop complaint survives motion to dismiss

Deston Therapeutics LLC, et al. v. Trigen Laboratories Inc. and Trisys Inc., Civil No.09-809 (JBS/KW) July 12, 2010.

Simandle, J.  (sitting by designation) Defendants’ motion to dismiss is denied.

Continue Reading...

Antitrust claims survive dismissal motion

In Re: Metoprolol Succinate Direct Purchaser Antitrust Litigation, Civil Action No.06-52-GMS, April 13, 2010.

Sleet, C. J.  Defendant’s motion to dismiss claims of antitrust violations and state law claims is denied.

 

Continue Reading...

Antitrust counterclaims withstand motion to dismiss

LG Electronics, Inc. v. Asko Appliances, Inc., et al., Civil Action No.08-828-JAP, March 29, 2010.

Pisano, J.  Plaintiff’s motion to dismiss counts IV to IX of Daewoo’s counterclaims pursuant to Rule 12(b)(6) is denied.

Continue Reading...

Various counterclaims are dismissed with leave to amend with detail

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...

Court declines to unseal inflammatory answer

Accenture Global Services GMBH, et al., v. Guidewire Software Inc., Civ. No. 07-826-SLR, June 30, 2009.

Robinson, J.  Defendant’s motion to dismiss tortious interference with business claim is denied; its motion to amend its answer to allege trade secret misappropriation claim is granted; and its motion to unseal its proposed amended answer is denied.

Continue Reading...