ORDER VAUGHN R. WALKER, Chief Judge. A good many laudable public policies collide in the facts at bar. These include policies to ensure the safety of the nation's airways, to root out waste, fraud and abuse in the Social Security system and to secure personal privacy of citizens with a leitmotif of policies against discrimination. None of these policies decides this case. Rather, the court is constrained to apply the express language of the statute under which plaintiff proceeds as...
ORDER CONSTRUING CLAIM TERMS OF THE '987, '855, '012 AND '787 PATENTS ELIZABETH D. LAPORTE, Magistrate Judge. On November 10, 2008, the Court held a hearing to construe the disputed terms of United States Patent Numbers 5,124,987 (the "'987 patent"), 5,430,855 ("'855 patent"), 5,632,012 ("'012 patent"), and 6,421,787 ("'787 patent") pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 , 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996). Having read the papers and considered the arguments...
ORDER PARTIALLY STAYING INJUNCTIVE RELIEF IN THE INTERESTS OF COMITY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 62(c) ELIZABETH D. LAPORTE, United States Magistrate Judge. Before the Court are Defendants' Motion for an Indicative Ruling on Rule 60(b) Motion to Modify Injunction or for Stay Pending Appeal and Plaintiffs' Motion to Stay Proceedings Relating to Defendants' Rule 60(b) Motion and Defendants' Motion for Stay Pending Appeal. The Court held a hearing on October 31, 2008, and the...
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS WILLIAM ALSUP, District Judge. This is a habeas corpus case filed by a state prisoner pursuant to 28 U.S.C. 2254. The petition is directed to denial of parole. The court ordered respondent to show cause why the writ should not be granted. Respondent has filed an answer and a memorandum of points and authorities in support of it, and has lodged exhibits with the court. Petitioner has responded with a traverse. For the reasons set forth below,...
