Defendant is enjoined from marketing its DHA products

Martek Biosciences Corporation v. Nutrinova Inc., et al., C.A. No. 03-896-GMS, October 30, 2007.

Sleet, C.J.  The court denies defendant’s motions for JMOL of noninfringement of one patent and invalidity of a second patent .  It granted in part JMOL of invalidity of a third patent.  It further grants plaintiff’s motion for JMOL of infringement of the first patent and for a permanent injunction.


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Settlement agreement was immune from discovery, and shared opinion was protected by the common interest privilege.

Block Drug Co., Inc. v. Sedona Labs., Inc. et al.,No. 06-350-***, April 19, 2007

Thynge, Magistrate Judge.  Plaintiff sought production of 2 agreements between Defendants Sedona and Nutri-Health.  Certain portions of an agreement of “Confidentiality of Shared Opinion” were ordered produced after in camera review.  A settlement agreement was not required to be produced.

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Court declined to order recall of privileged document after untimely request; draft licensing agreement was subject to recall

In Re:  '318 Patent Infringement Litigation, No. 05-356-SLR, Mar. 1, 2007.

Robinson, J.   A motion seeking return or destruction of privileged documents inadvertently produced was granted in part and denied in part.

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Privilege not waived in asserting advice of counsel defense where documents were not disclosed to accused infringer

Affinion Net Patents, Inc. v. Maritz, Inc., No. 04-360-JJF, July 28, 2006.

Farnan, J.  Patentee’s motion to compel two claims charts where privilege was waived due to advice-of-counsel defense was denied.

 

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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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Wavier of privilege as a result of advice of counsel defense does not extend to all communications with trial counsel

Fact issues preclude summary judgment on equitable defenses

McKesson Information Solutions LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 5, 2006.

Robinson, J.  Cross motions for summary judgment of laches are denied due to genuine issues of material fact.  Plaintiff’s motion for summary judgment on defendant’s equitable defense is denied.

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Prior rulings on invalidity for lack of written description and indefiniteness are not recommended

Corning Inc., et al., v. SRU BioSystems, et al., No. 03-633-JJF, Jan. 20, 2006.

Farnan, J.  Motion for reconsideration of prior rulings on invalidity for lack of written description and indefiniteness is denied.

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