Masimo Corporation v. Philips Electronics North America Corporation et al
| Masimo Corporation |
| Philips Electronics North America Corporation and Philips Medizin Systeme Boblingen Gmbh |
| 1:2009cv00080 |
| February 3, 2009 |
| US District Court for the District of Delaware |
| Patent Office |
| XX US, Outside State |
| Unassigned Judge |
| Plaintiff |
| Federal Question |
| 35:271 Patent Infringement |
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The following documents for this case are available for you to view or download:
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Filing
1299
MEMORANDUM ORDER: IT IS HEREBY ORDERED that the following motions to strike are DENIED (D.I. 1217, 1219, 1248, and 1250). Signed by Judge Leonard P. Stark on 8/15/16. Associated Cases: 1:09-cv-00080-LPS, 1:11-cv-00742-LPS (ntl)
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Filing
1070
ORDER regarding REPORT AND RECOMMENDATIONS and summary judgment. Signed by Judge Leonard P. Stark on 12/1/2015. Associated Cases: 1:09-cv-00080-LPS, 1:11-cv-00742-LPS(rpg)
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Filing
997
MEMORANDUM OPINION regarding 926 Defendants' Motion for a New Trial and Renewed Judgement as a Matter of Law. Signed by Judge Leonard P. Stark on 5/18/2015. (rpg)
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Filing
878
MEMORANDUM ORDER re disputes relating to the upcoming trial. Signed by Judge Leonard P. Stark on 9/12/14. (ntl)
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Filing
854
MEMORANDUM ORDER re 805 MOTION for Leave to Amend filed by Philips Electronics North America Corporation, Philips Medizin Systeme Boblingen Gmbh is GRANTED. Signed by Judge Leonard P. Stark on 9/2/14. (ntl)
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Filing
849
MEMORANDUM ORDER re various motions in limine. Signed by Judge Leonard P. Stark on 8/27/14. (ntl)
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Filing
815
MEMORANDUM ORDER re 785 MOTION for Reconsideration filed by Masimo Corporation is DENIED; 784 MOTION for Reargument filed by Philips Electronics North America Corporation, Philips Medizin Systeme Boblingen Gmbh is DENIED. Signed by Judge Leonard P. Stark on 7/2/14. (ntl)
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Filing
787
MEMORANDUM ORDER: IT IS HEREBY ORDERED that the Court overrules Philips' objection and denies Philips' motion for summary judgment of invalidity of the '984 patent. Signed by Judge Leonard P. Stark on 4/14/14. (ntl)
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Filing
750
REPORT AND RECOMMENDATIONS. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than t en (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 9/16/2013. Signed by Judge Mary Pat Thynge on 8/29/13. Associated Cases: 1:09-cv-00080-LPS-MPT, 1:11-cv-00742-LPS-MPT(kjk)
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Filing
721
REPORT AND RECOMMENDATIONS re 426 MOTION for Summary Judgment of No Willful Infringement filed by Philips Electronics North America Corporation, Philips Medizin Systeme Boblingen Gmbh, 424 MOTION for Summary Judgment Regarding Da mages Issues filed by Philips Electronics North America Corporation, Philips Medizin Systeme Boblingen Gmbh. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Object ions (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 7/1/2013. Signed by Judge Mary Pat Thynge on 6/14/13. (cak)
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Filing
704
REPORT AND RECOMMENDATIONS IT IS RECOMMENDED that: 1. Masimos Motion to Exclude the Expert Testimony and Opinions of Drs. John H. Eichhorn, Thomas L. Higgins, and Edward A. Ochroch Pursuant to Fed. R. Evid. 702 (D.I. 385) is denied in part, and gra nted in part; 2. Philips Motion to Exclude the Testimony and Opinion of Timothy J. Quill (D.I. 420) is denied in part, and granted in part; 3. Masimos Motion to Exclude Portions of the Testimony and Opinion of Michael C. Keeley, Ph.D. pursuant to F ed. R. Evid. 702 (D.I. 388) is denied in part, and granted in part; 4. Philips Motion to Exclude the Testimony and Opinion of Michael J. Wagner (D.I. 422) is denied in part, and granted in part. Pursuant to 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ . P. 72 (a), and D. Del. LR 72.1, any objections to the Report and Recommendation shall be filed within fourteen (14) days limited to fifteen (15) pages after being served with the same. Any response shall be limited to fifteen (15) pages. The parti es are directed to the Courts Standing Order in Non-Pro Se Matters for Objections Filed under Fed. R. Civ. P. 72 dated November 16, 2009, a copy of which is found on the Courts website (www.ded.uscourts.gov.) Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 6/6/2013. Signed by Judge Mary Pat Thynge on 5/20/13. (cak)
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Filing
662
REPORT AND RECOMMENDATIONS re (394 in 1:09-cv-00080-LPS-MPT) MOTION for Summary Judgment of Invalidity and Noninfringement of U.S. Patent No. 7,215,984 filed by Philips Electronics North America Corporation, Philips Medizin Systeme Bob lingen Gmbh, (406 in 1:09-cv-00080-LPS-MPT) MOTION for Summary Judgment of Invalidity of U.S. Patent No. 6,699,94 filed by Philips Electronics North America Corporation, Philips Medizin Systeme Boblingen Gmbh, (402 in 1:09-cv-00080-LPS- MPT) MOTION for Summary Judgment of Invalidity and Noninfringement of U.S. Patent No. 5,632,272 filed by Philips Electronics North America Corporation, Philips Medizin Systeme Boblingen Gmbh, (393 in 1:09-cv-00080-LPS-MPT) MOTION for Summary Judgment of Non-Infringement and Invalidity of U.S. Patent 6,122,535 filed by Masimo Corporation, (381 in 1:09-cv-00080-LPS-MPT) MOTION to Exclude the Testimony of John M. Turner Pursuant to Fed. R. Evid. 702 filed by Masimo Corporation, (410 in 1:09-cv-00080-LPS-MPT) MOTION for Summary Judgment of Invalidity of U.S. Patent No. 6,263,222 filed by Philips Electronics North America Corporation, Philips Medizin Systeme Boblingen Gmbh, (397 in 1:09-cv- 00080-LPS-MPT) MOTION for Summary Judgment on Laches with Respect to U.S. Patent Nos. 5,632,272, 6,263,222 and 6,6699,194 filed by Philips Electronics North America Corporation, Philips Medizin Systeme Boblingen Gmbh, (414 in 1:09-cv-00 080-LPS-MPT) MOTION for Summary Judgment of Non-Infringement and Invalidity of Philips' U.S. Patent No. 6,725,074 filed by Masimo Corporation. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b) (2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 4/19/2013. Signed by Judge Mary Pat Thynge on 4/2/13. (cak)
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Filing
647
MEMORANDUM AND ORDER: IT IS ORDERED THAT: 1. Masimo shall identify no more than thirty (30) of its presently asserted claims, from any or all of its patents-in-suit, that are representative of the claims at issue in this litigation. 2. The parties sh all identify no more than twenty (20) claim terms for the court to construe. 3. After Masimo has completed its selection as contained in 1 of this Order, Philips shall identify no more than forty (40) of its presently asserted prior art references, and shall provide its invalidity contentions with charts for each prior art reference, if it has not previously done so. 4. Counsel shall meet and confer regarding the dates for completion of Masimos claim selection, Philips prior art references se lection and invalidity contentions, submission of a new Joint Claim Construction Chart and a new briefing schedule on claim construction. Counsel shall file a joint submission on these matters by Tuesday, February 5, 2013 on or before 5:00 p.m. East ern time. A teleconference to discuss these matters and to set a new Markman hearing date is scheduled for Thursday, February 7, 2013 at 11:00 a.m. Eastern time with counsel for Philips initiating and organizing the teleconference. 5. As a result of 4 of this Order, the present briefing schedule on claim construction and the Markman hearing date of March 20, 2013 are cancelled. Signed by Judge Mary Pat Thynge on 1/23/13. (cak)
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Filing
319
ORDER ADOPTING REPORT AND RECOMMENDATION for 210 Report and Recommendation (except to the extent stated in section 2). Signed by Judge Leonard P. Stark on 1/17/12. (ntl)
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Filing
210
REPORT AND RECOMMENDATION re: Claim Construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 3/7/2011. Signed by Judge Mary Pat Thynge on 2/18/2011. (cak)
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Filing
149
MEMORANDUM AND ORDER re: 121 Philips' motion to bifurcate and stay damages is hereby DENIED. Signed by Judge Mary Pat Thynge on 10/6/2010. (cak) (Additional attachment(s) added on 10/6/2010: # 1 Correct Opinion) (cak).
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Filing
118
MEMORANDUM ORDER Overruling 96 Objections To Magistrate Judge Thynge's Order Granting Plaintiff's Motion To Stay Discovery. Signed by Judge Joseph J. Farnan, Jr. on 7/15/2010. (nms)
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Filing
87
MEMORANDUM AND ORDER Philips' motion to amend counterclaims 75 is GRANTED. Signed by Judge Mary Pat Thynge on 4/20/2010. (cak)
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Filing
86
MEMORANDUM AND ORDER Philips' motion for reconsideration 71 is DENIED. Philips' request for a hearing on the issue of Section 1291(b) certification is also denied. Further ordered that Philips' affirmative defense of patent misuse is hereby bifurcated and discovery related to that defense is stayed pending trial of the parties' patent infringement and validity issues. Signed by Judge Mary Pat Thynge on 4/19/2010. (cak)
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Filing
73
MEMORANDUM AND ORDER Philips motion to compel discovery 47 is DENIED. See Memorandum for details. Signed by Judge Mary Pat Thynge on 3/23/2010. (cak)
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Filing
67
MEMORANDUM AND ORDER Masimos motion to bifurcate and stay discovery of Philips antitrust counterclaims 22 is hereby GRANTED. The patent and antitrust issues in this case will be bifurcated. Discovery of the antitrust issues will be stayed pending trial on the patent issues. Signed by Judge Mary Pat Thynge on 3/11/2010. (cak)
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