Classified Cosmetics v. Del Laboratories Inc, et al
| Classified Cosmetics Inc |
| Del Laboratories Inc and Does |
| Classified Cosmetics Inc |
| Gary Alan Hecker and James M Slominski |
| Del Laboratories Inc |
| Hecker Law Group |
| Eugene F Lynch |
| 2:2003cv04818 |
| February 5, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Paul L. Abrams |
| A. Howard Matz |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
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Filing
622
MINUTES OF IN CHAMBERS before Judge A. Howard Matz: The Court DENIES Plaintiff MOTION for Reconsideration of the Court's 8/13/2007 Order 607 . The Court denied the motion of Defendant Del Laboratories, Inc., for summary adjudication on its affi rmative defense of inequitable conduct because there was a genuine issue as to whether the inventors behind the 541 patent had the requisite intent to deceive. Now, relying on the Federal Circuit's recent opinion in Star Scientific v. R.J. Reyno lds Tobacco Co., 537 F.3d 1357 (Fed. Cir. 2008), Classified asks the Court to sua sponte grant summary adjudication in its favor. Under Star Scientific, it argues, Del will not be able to meet its ultimate burden of proof on two elements of the defense, intent and materiality. Classified's motion fails to satisfy Local Rule 7-18, because Star Scientific did not change the law (see document for further details). No hearing is necessary. Fed. R. Civ. P. 78; L. R. 7-15. (jp)
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Filing
593
MINUTES OF IN CHAMBERS before Judge A. Howard Matz: Court DENIES Plaintiff's MOTION for Reconsideration of Terminating Sanctions 514 . Court grants Plaintiff's first request and authorizes Plaintiff to file an application for attorney' ;s fees and costs, as a sanction for Mr. Eichen's conduct. The Court denies Plaintiff's second request. Court hereby ORDERS counsel for Plaintiff to file with this Court the following information, preferably in chart or table form (see document for further details). Plaintiff shall file this application by not later than 10/14/2008. (jp)
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Filing
585
MINUTES OF IN CHAMBERS before Judge A. Howard Matz: The Court intends to adopt the Special Masters findings and recommendations in their entirety, including his recommendation that responsibility for his fees be borne 50-50. Nevertheless, pursuant to FRCP 53(f), the Court hereby notifies the parties that if they wish to be heard on the "Report of Special Master to Judge A. H. Matz Re: Third Motion for Terminating Sanctions," which has been filed today, they may appear for a hearing on 9/28/2008 at 10:00 a.m. Any objection or motion to adopt or modify the report shall be filed no later than 9/21/2008.If a party displays bad faith or files frivolous papers in connection with any effort to overturn the Special Masters findings and recommendations, under the standards set forth in Rule 53(f), this Court will sua sponte issue an order to show cause why sanctions should not be imposed on that party. (jp)
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