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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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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Third party intervention allowed to challenge protective order

LG Display Co., Ltd. v. Au Optronics Corporation, et al., Civil Action No. 06-726-LPS, December 29, 2010.

Stark, J.  Third party Anvik’s motion for limited intervention to obtain copies of evidence is granted in part and denied in part.

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Defendants' bid for inadvertently produced privileged documents fails

Allergan Inc. v. Barr Laboratories Inc.,, et al., Civ. No.09-333-SLR-LPS, August 18, 2010.

Stark, J.  After submissions and a discovery teleconference, the court rules on defendants’ motion to compel privileged documents.

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Advice of counsel defense to inequitable conduct results in a privilege waiver

Brigham and Women’s Hospital, Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., Civil Action No.08-464-SLR, March 31, 2010.

Bartle, C.J.  Defendants’ motion for an order finding that plaintiffs have waived the attorney-client privilege is granted.

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Plaintiff's motion to compel documents withheld as privileged is denied

Robert Bosch LLC v. Pylon Manufacturing Corp., C.A. No. 08-542-SLR/MPT, December 23, 2009.

Thynge, M.J.  Plaintiff’s motion to compel is denied. Defendant’s oral motion to compel raised at the hearing is also denied. Defendant’s motion for leave to file a reply in response to plaintiff’s latest submission is granted.

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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.

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Bid for defense fees fails in suit dropped after Markman hearing

Parker-Hannifin Corporation, et al. v. Seiren Co., Ltd., Civil Action No. 07-104-MPT, March 31, 2009.

Thynge, M.J.  Defendant’s motion for attorney’s fees and expenses based on bad faith claim and its request for additional discovery is denied.

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Untimely review results in privilege waiver despite clawback agreement

In Re: Rembrandt Technologies, LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, March 6, 2009.

Stark, M.J.  Defendants’ motion to retain and use non-party’s purportedly privileged documents was granted where privilege was waived due to lack of diligence.

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Failure to seek rehearing by the Board of Patent Appeals results in dismissal

Human Genome Sciences, Inc. v. Genentech, Inc., Civ. No. 08-166-SLR, December 16, 2008.

Robinson, J.  Defendant’s motion to dismiss review of decisions by the Board of Patent Appeals and Interferences is granted.

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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

Ampex Corp. v. Eastman Kodak Co., et al., No. 04-1373-KAJ, July 17, 2006.

Jordan, J.  Plaintiff’s motion to compel production of privileged documents denied.

 

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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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