MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. Defendants' motion to compel (Docket No. 504 in 6:09cv95 and Docket No. 110 in 6:09cv479) and Clear With Computers' ("CWC") motion for protective order (Docket No. 503 in 6:09cv95) are before the Court. Defendants seek to compel production, and CWC moves for protection, of CWC's communications related to the negotiations of already-produced license agreements to the patents-in-suit. Having considered the parties' written...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. Defendants Cerro Wire Inc. and Encore Wire Corporation's joint supplemental motion to stay pending the reexamination of United States Patent No. 7,557,301 ("`301") by the United States Patent and Trademark Office ("PTO") (Docket No. 94) is before the Court. Having considered the parties' written submissions and oral arguments, the Court GRANTS Defendants' motion. BACKGROUND In this suit, Southwire contends Cerro Wire and Encore...
ORDER LEONARD DAVIS, District Judge. This case was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. 636. Judge Love issued a Report and Recommendation on Defendants' motion to dismiss (Docket No. 168) recommending that Defendants' motion be granted and that Realtime be granted leave to amend its complaint. The parties did not object to the Report and Recommendations, and Realtime has already filed its amended complaint. After reviewing the Report and...
MEMORANDUM OPINION AND ORDER CHARLES EVERINGHAM IV, United States Magistrate Judge. Before the Court is Defendants SAP America, Inc. and SAP, AG's ("SAP's") claim of inequitable conduct. The Court conducted a bench trial on April 27, 2010 on SAP's claim of inequitable conduct and the parties submitted briefing supporting their positions prior to the trial. (Dkt. Nos. 352, 358, 367, 371). For the following reasons, the Court DENIES Defendants' claim of inequitable conduct on the '400 and '350...
MEMORANDUM OPINION CHARLES EVERINGHAM IV, United States Magistrate Judge. Before the court is plaintiff MedioStream, Inc.'s ("MedioStream") motion to dismiss defendant Nero AG's ("Nero") fifth through fourteenth counterclaims under Rule 12(b)(6) (Dkt. No. 225). Having reviewed the briefing and for the following reasons, the court GRANTS MedioStream's motion to dismiss Nero's fifth counterclaim insofar as it alleges breach of contract due to MedioStream's failure to destroy or return its copy...
MEMORANDUM OPINION AND ORDER JOHN D. LOVE, United States Magistrate Judge. Before the Court is Defendant Callaway Golf Company's ("Callaway") Renewed Motion for Judgment as a Matter of Law of Non-Infringement under the Doctrine of Equivalents (Doc. No. 187) ("Renewed Motion"), Plaintiff Nicholas Colucci's, d/b/a EZ Line Putters ("Colucci") Opposition (Doc. No. 191) ("Response") and Callaway's Reply (Doc. No. 197) ("Reply"). For the reasons discussed herein, Callaway's Motion for Judgment as...
MEMORANDUM OPINION AND ORDER JOHN D. LOVE, Magistrate Judge. Before the Court is Defendant Callaway Golf Company's ("Callaway") Renewed Motion for Judgment as a Matter of Law that the '927 Patent is Obvious (Doc. No. 201) ("Renewed Motion"). Plaintiff Nicholas Colucci, d/b/a EZ Line Putters ("Colucci") opposed the Renewed Motion with a Response (Doc. No. 202) ("Response") and a Surreply (Doc. No. 208) ("Surreply"). Callaway additionally filed a Reply (Doc. No. 206) ("Reply"). For the reasons...
ORDER DAVID FOLSOM, District Judge. Before the Court is Defendants' Statement of Objections to the Magistrate Judge's Report and Recommendation Regarding Google Inc.'s and Microsoft Corp.'s Motion for Summary Judgment of Invalidity. Dkt. No. 179. Also before the Court are Plaintiff's Response, Defendants' Reply, and Plaintiff's Sur-Reply. Dkt. Nos. 187, 189, and 195, respectively. Having considered all the relevant papers and pleadings, the Court finds that Defendants' Objections to the...
MEMORANDUM OPINION AND ORDER T. JOHN WARD, District Judge. I. INTRODUCTION Bruce N. Saffran, M.D., Ph.D. ("Plaintiff") filed suit against Johnson & Johnson and Cordis Corporation ("Defendants") alleging infringement of U.S. Patent No. 5,653,760 (filed Aug. 9, 1995) ("the '760 patent"). The '760 patent is entitled "Method and Apparatus for Managing Macromolecular Distribution." All patent citations in this order are to the '760 patent unless otherwise stated. This order addresses the parties'...
Opinion Re Motion To Remand EARL S. HINES, United States Magistrate Judge. This "Hurricane Ike case" is assigned to United States district judge Ron Clark and is referred to the undersigned for pretrial proceedings under an administrative, unwritten referral order entered on November 19, 2009. Unlike most such cases filed in or removed to this court after Hurricanes "Rita" and "Ike," the parties find themselves unable to resolve their dispute amicably, and they jointly request expedited...
MEMORANDUM OPINION AND ORDER MICHAEL H. SCHNEIDER, District Judge. Now before the Court are the following motions: Plaintiff's Motion for Partial Summary Judgment (Doc. No 14) and Defendant's Motion for Summary Judgment (Doc. No. 16). Having considered the parties' briefing, oral argument, the undisputed facts, and the applicable law, the Court DENIES Plaintiff's Motion for Partial Summary Judgment (Doc. No. 14) and GRANTS Defendant's Motion for Summary Judgment (Doc. No. 16). I. BACKGROUND...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. Before the Court are Defendants' Post-Verdict Motion for Judgment as a Matter of Law ("JMOL") and, in the Alternative, Motion for New Trial ("MNT") (Docket No. 583), Plaintiffs' Amended Motion for Entry of Final Judgment (Docket No. 586), and Plaintiffs' Amended Motion to Vacate Sanctions Award (Docket No. 587). For the reasons stated below, the Court GRANTS Defendants' motion for JMOL and MNT (Docket No. 583) only as to...
MEMORANDUM OPINION & ORDER JOHN D. LOVE, United States Magistrate Judge. This claim construction opinion construes the disputed terms in U.S. Patent Nos. 5,388,101 ("the '101 Patent") and 5,481,546 ("the '546 Patent"). For the reasons stated herein, the Court adopts the constructions set forth below. BACKGROUND Plaintiff Eon Corp. IP Holdings, LLC ("Plaintiff") alleges Defendants Sensus USA Inc. ("Sensus") and Bell Industries, Inc. ("Bell") (collectively, "Defendants") infringe the '101...
MEMORANDUM OPINION & ORDER JOHN D. LOVE, United States Magistrate Judge. This claim construction opinion construes the disputed terms in U.S. Patent Nos. 5,388,101 ("the '101 Patent") and 5,481,546 ("the '546 Patent") (collectively, "the patents-in-suit"). Plaintiff Eon Corp. IP Holdings, LLC ("Plaintiff") alleges Defendant Verizon Clinton Center Drive Corp. ("Defendant") infringes the '101 and '546 Patents. 1 The parties have presented their claim construction positions (Doc. Nos. 270,...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. This Memorandum Opinion and Order construes the disputed terms in U.S. Patent Nos. 6,006,227 (the "'227 Patent"), 6,638,313 (the "'313 Patent"), 6,725,427 (the "'427 Patent"), 6,768,999 (the "'999 Patent"), and 6,613,101 (the "'101 Patent"). The Court further GRANTS in part and DENIES in part Defendant Apple Inc.'s Motion for Partial Summary Judgment of Invalidity for Indefiniteness Under 35 U.S.C. 112 2 (Docket No. 156)....
MEMORANDUM OPINION AND ORDER T. JOHN WARD, District Judge. This case is a Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA") partnership proceeding under Section 6226 of the Internal Revenue Code. 1 Plaintiff NPR Investments, LLC ("NPR") filed this lawsuit seeking readjustment of certain items determined in the Internal Revenue Service's Notice of Final Partnership Administrative Adjustment (FPAA) pursuant to 26 U.S.C. 6226. The Court held a bench trial from March 8 to March 10,...
MEMORANDUM OPINION AND ORDER T. JOHN WARD, District Judge. The Court held a Markman hearing on June 2, 2010. After considering the submissions and the arguments of counsel, the Court issues the following order regarding claim construction: I. Introduction Four cases have a consolidated Markman hearing involving three patents. In three cases, U.S. Foam, Inc., USF Equipment Services, LTD., and Alden Ozment (collectively "US Foam") have asserted U.S. Patents No. 7,096,965 ("the '965...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. Before the Court is Defendant Diamond Innovations' Motion in Limine No. 5 (Docket No. 196). Having considered the parties' written submissions and oral arguments, the Court DENIES the motion. BACKGROUND On August 15, 2008, ReedHycalog UK, Ltd. and ReedHycalog, LP (collectively, "ReedHycalog") brought suit against Diamond Innovations, Inc. ("Diamond Innovations") alleging infringement of several U.S. patents (the "Patents-in-...
MEMORANDUM OPINION AND ORDER CHARLES EVERINGHAM IV, United States Magistrate Judge. I. Introduction Both the plaintiff and the defendants in the above-referenced case moved for summary judgment on Defendants' affirmative defenses and counterclaims of invalidity under 35 U.S.C. 102(b), (e), and 103(a). (Dkt. Nos. 389, 390, 391, 392). 1 Plaintiff Bright Response ("Plaintiff") additionally moved for summary judgment on Defendants' remaining affirmative defenses and counterclaims. Plaintiff...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. Plaintiff Donald E. Smith ("Smith") brought suit against Defendants United States of America ("United States") and Edwards Transportation, LLC d/b/a Mesa Mail Services, LLC ("Edwards") alleging negligence and premises liability under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1346(b)(1). Smith and Edwards settled, and the United States is the only remaining defendant in this case. The matter came for trial on the merits...
