FINDINGS OF FACT AND CONCLUSIONS OF LAW T. JOHN WARD, District Judge. I. INTRODUCTION This is a consolidation of four patent infringement suits brought by Plaintiff Allergan, Inc.'s ("Allergan") pursuant to the Hatch-Waxman Act. 1 See Drug Price Competition and Patent Term Restoration Act, which is commonly referred to as the Hatch-Waxman Act, in 1984. Pub. L. No. 98-417, 98 Stat. 1585. Defendants Sandoz, Inc. ("Sandoz"); Alcon Laboratories, Inc., Alcon Research, Ltd., Alcon, Inc., and...
MEMORANDUM OPINION AND ORDER T. JOHN WARD, District Judge. I. INTRODUCTION Plaintiff SSL Services, LLC ("Plaintiff") filed suit on April 11, 2008, alleging that Defendants Citrix Systems, Inc., and Citrix Online, LLC (collectively, "Defendants") infringe Plaintiffs U.S. Pat. Nos. 6,061,796 ("the '796 patent") and 6,158,011 ("the '011 patent"). On May 18, 2011, the Court held a claim construction hearing where the parties presented oral arguments regarding the disputed terms. This order will...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. Defendants' Motion to Transfer Venue to the Northern District of California Under 28 U.S.C. 1404(a) (Docket No. 46) is before the Court. Having considered the parties' written submissions, the Court GRANTS the motion and TRANSFERS this case to the Northern District of California. BACKGROUND Optimum Power Solutions LLC ("OPS") asserts a single patent against Apple Inc., Dell Inc., Hewlett Packard Company ("HP"), Lenovo (United...
MEMORANDUM OPINION ON CLAIM FOR UNPAID CONTRIBUTIONS TO VACATION AND RETIREMENT PLANS RON CLARK, District Judge. This is an in rem action involving competing claims against the vessel the CAPTAIN H.A. DOWNING. The CAPTAIN H.A. DOWNING was owned by AMERICAN HEAVY LIFT SHIPPING ("AHL"). The United States by and through the Secretary of Transportation, is the mortgagee on a First Preferred Fleet Mortgage dated October 3, 1996, granted by AHL. When AHL defaulted on the mortgage, the United...
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT, United States Magistrate Judge. Pending before the Court is Doubletree Partners' First Motion for Partial Summary Judgment and Brief in Support (Dkt. #117), Lawyers Title Insurance Corporation's Motion for Summary Judgment on Contract Claims and Brief in Support (Dkt. #118), Lawyers Title Insurance Corporation's Motion for Summary Judgment on Extra-Contractual Claims and Brief in Support (Dkt. #119), Lawyers Title Insurance Corporation's Motion...
MEMORANDUM OPINION & ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS RICHARD A. SCHELL, District Judge. Pending before the court are Defendant's "Motion to Dismiss and Brief in Support" (Dkt. # 6); Plaintiffs' "Response and Brief in Opposition to Defendant's Motion to Dismiss, or in the Alternative, Motion for More Definite Statement" (Dkt. #9); and Defendant's "Reply Brief in Support of Its Motion to Dismiss" (Dkt. # 10). Having considered Defendant's motion, the...
MEMORANDUM OPINION AND ORDER T. JOHN WARD, District Judge. I. INTRODUCTION Before the Court is Mondis Technology, Ltd.'s ("Mondis") motion for supplemental damages for 2011 sales and for an ongoing royalty rate. (Dkt. No. 1.) 1 The Court GRANTS-in-part and DENIES-in-part Mondis's motion. The Court awards Mondis $1,971,810 in damages for its 2011 supplemental sales that were not considered by the jury. The Court sets the ongoing royalty rate for monitors at 1.50% and the ongoing rate for...
MEMORANDUM OPINION AND ORDER T. JOHN WARD, District Judge. Pending before the court are defendants Formosa Epitaxy, Inc.'s ("ForEpi"), Tekcore Co., Ltd.'s ("Tekcore"), and Walsin Lihwa Corp.'s ("Walsin") (collectively, "Defendants") motions to dismiss plaintiff Bluestone Innovations Texas, L.L.C.'s ("Bluestone") amended complaint for lack of personal jurisdiction (Dkt. Nos. 41, 47, and 98). For the following reasons, the court GRANTS defendants Tekcore's and Walsin's motions to dismiss (Dkt....
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. This Memorandum Opinion construes the disputed terms in U.S. Patent Nos. 5,838,906 (the "'906 Patent") and 7,599,985 (the "'985 Patent"). The Court further DENIES Defendants' Motion for Partial Summary Judgment of Indefiniteness Under 35 U.S.C. 112, 2 (Docket No. 568). BACKGROUND Patents-In-Suit The '906 Patent, entitled "Distributed Hypermedia Method for Automatically Invoking External Application Providing Interaction and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW LEONARD DAVIS, District Judge. This case involves a dispute over obtaining approval to market and sell generic drugs under the Hatch-Waxman Act. Pozen Inc. ("Pozen") filed suit against Defendants Par Pharmaceutical Inc. ("Par"), Alphapharm Pty Ltd. ("Alphapharm"), and Dr. Reddy's Laboratories, Inc. ("DRL") for patent infringement. 1 The case was tried on the merits without a jury and was taken under submission. The Court has considered the testimony,...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. Having considered the parties' written submissions and oral arguments, the Court GRANTS IN PART and DENIES IN PART Apple's Renewed Motion for Judgment as a Matter of Law, Motion for New Trial and Motion for Remittitur Pursuant to Federal Rules of Civil Procedure 50 and 59 (Docket No. 432); DENIES Apple's Motion for a Finding of Inequitable Conduct and Good Cause to Re-Open the Record fora Bench Trial (Docket No. 433); 1...
MEMORANDUM OPINION & ORDER MICHAEL H. SCHNEIDER, District Judge. In this suit, physician-owned hospitals (POHs) challenge a recent amendment to the Medicare Act 1 that limits their ability to bill for services to Medicare patients who were referred by a physician owner. According to the hospitals, the law—Section 6001 of the Patient Protection and Affordable Care Act (PPACA), Pub. L. No. 111-148, 124 Stat. 119, 684-89 (2010) as amended by the Health Care and Education Reconciliation Act of...
MEMORANDUM OPINION AND ORDER 1 T. JOHN WARD, District Judge. Before the Court is Defendants Johnson & Johnson's ("J & J") and Cordis Corporation's ("Cordis") (collectively "Defendants") claim of inequitable conduct. The plaintiff and defendants each filed proposed findings of fact and conclusions of law. (Dkt. Nos. 314 and 315.) The Court also conducted a bench trial on March 2, 2011 on Defendants' counterclaim of inequitable conduct and the parties submitted their post-trial briefing on...
MEMORANDUM OPINION AND ORDER Re: DAMAGES FOR POSTJUDGMENT SALES OF INFRINGING PRODUCTS RON CLARK, District Judge. Plaintiff Affinity Labs of Texas, LLC ("Affinity") asserted infringement of two patents directed toward a system and method for connecting and integrating a portable electronic device, such as an MP3 player, with a second electronic device, such as a car's sound system. At trial, the jury found that the asserted claims of U.S. Patent No. 7,324,833 ("the '833 patent") and U.S....
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE LEONARD DAVIS, District Judge. The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of this action, has been presented for consideration. This case is a dispute by cross-motions for summary judgment in which Plaintiffs seek equitable restitution of the sum of $50,076.19 for payments covering Defendant Larry Griffin's medical...
MEMORANDUM OPINION ON APPEAL FROM BANRUPTCY COURT RON CLARK, District Judge. Appellants Robert Gregg Chilton and Janice Elaine Chilton appeal from the March 5, 2010 Memorandum and Order entered by the Bankruptcy Court for the Eastern District of Texas, in Case Number 08-43414, Hon. Brenda T. Rhoades, Presiding. The issue on appeal is whether the Bankruptcy Court erred in sustaining the Trustee's objection to the Debtor-Appellants' claim of an exemption in an inherited IRA under 11 U.S.C....
MEMORANDUM AND ORDER DENYING JOINT MOTION TO VACATE RON CLARK, District Judge. Plaintiff The Ohio Willow Wood Company ("OWW") filed suit against Defendant Thermo-Ply, Inc. alleging infringement of United States Patent No. 7,291,182 ("the '182 patent"). This court granted Thermo-Ply's motion for summary judgment, holding that most of the claims of the '182 patent were invalid as obvious, and entered Final Judgment. Both parties appealed. As part of the Federal Circuit's mediation program 1 ,...
MEMORANDUM OPINION AND ORDER T. JOHN WARD, District Judge. I. Introduction Before the Court is Defendants' Motion to Transfer. (Dkt. No. 11.) Defendants in this case include Target Brands, Inc. and Target Corporation (collectively "Target"). The Court, having considered the venue motion and the arguments of counsel, DENIES the motion to transfer venue to the United States District Court for the Eastern District of Wisconsin pursuant to 28 U.S.C. 1404(a). The balance of the private and...
MEMORANDUM AND ORDER MARCIA A. CRONE, District Judge. Pending before the court is Defendant Kellogg Brown & Root, Inc.'s ("KBR") Motion to Dismiss the Complaint of the United States (#51). KBR seeks dismissal of the United States' claims pursuant to Federal Rules of Civil Procedure 9(b), 12(b)(1), and 12(b)(6). Having considered the pending motion, the submissions of the parties, the complaint, and the applicable law, the court is of the opinion that KBR's motion should be GRANTED IN PART and...
ORDER DAVID FOLSOM, District Judge. Before the Court is Defendant United States of America's ("Defendant's") Motion to Dismiss for Failure to State A Claim under Rule 12(b)(1) and 12(b)(6). Dkt. No. 5. Also before the Court are Plaintiffs' response, Defendant's reply, and Plaintiffs' sur-reply. Dkt. Nos. 8, 10, & 11. The Court held a hearing on February 1, 2011. See Dkt. No. 17. After the hearing, Plaintiffs submitted comments regarding Roelofs v. United States, 501 F.2d 87 (5th Cir....
