The GSI Group Inc v. Sukup Manufacturing Co
| The GSI Group Inc |
| Sukup Manufacturing Co |
| Sukup Manufacturing Co |
| The GSI Group Inc |
| 3:2005cv03011 |
| January 19, 2005 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| Christian |
| Byron G. Cudmore |
| Jeanne E. Scott |
| Patent |
| 35 U.S.C. ยง 271 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
877
OPINION. 1. Defendant's Motion for Reconsideration of Certain Factual Findings in the Court's Opinion of October 28, 2008 (d/e 745) (d/e 815) is ALLOWED in part; 2. Plaintiff GSI Group, Inc.'s Motion for Clarification Regarding Damage s for Sukup's Infringement of GSI's U.S. Patent No. 5,400,525 (d/e 825) is ALLOWED in part; 3. Defendant's Combined (1) Motion for Partial Reconsideration of Opinion (d/e 745) Denying Summary Judgment for Sukup Regarding Counts IV, VI, and VII; in the Alternative, (2) Motion for Partial Reconsideration of Opinion (d/e 806) Denying Sukup's Motion in Limine to Exclude Hearsay Testimony Concerning Wheeler Grain; or in the Alternative, (3) Request for a Limiting Instruction Regar ding Wheeler Grain and Memorandum in Support (d/e 834) is DENIED; 4. Defendant's Motion and Memorandum in Support of its Motion for Reconsideration of this Court's Opinion (d/e 806) Allowing GSI's Motion in Limine to Exclude All Eviden ce of Sales of All Tower Dryers other than the "Zimmerman" Brand (d/e 711) (d/e 835) is DENIED; 5. Sukup's Motion for Clarification of the Court's Inequitable Conduct Holding and of the Opinion Regarding GSI's Rotor Assembly Patents (d/e 836) is ALLOWED in part; 6. Sukup's Motion for Reconsideration of the Opinion Finding the '271 Patent Valid Under 35 U.S.C. § 102 (d/e 837) is DENIED; and 7. Sukup's Motion for Reconsideration of the Court's Claim Construction of U.S. Patent No. 5,135,271 (d/e 99) (d/e 838) is DENIED. Entered by Judge Jeanne E. Scott on 12/18/2008. (CC, ilcd)
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Filing
811
OPINION: Defendant Sukup Manufacturing Company's Motion to Strike New Expert Disclosures of the GSI Group, Inc. and Memorandum of Law in Support (d/e 808) is DENIED. Entered by Judge Jeanne E. Scott on 11/20/08. (ME, ilcd)
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Filing
806
OPINION. Plaintiff GSI Group, Inc.'s Motion in Limine (d/e 711) is ALLOWED, its Motions in Limine (d/e 687, 691, 693, 696, 698, & 703) are ALLOWED in part, its Motions in Limine (d/e 689 & 695) are DENIED, and its Motion in Limine (d/e 716) is DENIED as moot. Defendant Sukup Manufacturing Company's Motions in Limine (d/e 733, 734, & 738) are ALLOWED, its Motions in Limine (d/e 705, 720, 722, 724, 727, 728, 729, 732, 735, 736, & 739) are ALLOWED in part, and its Motions in Limine (d/e 707, 708, 709, 710, 721, 723, 725, 726, 730, 731, 737, & 740) are DENIED. The Motion for Leave to File GSI's Supplement to GSI's Opposition to Defendant Sukup's Motion in Limine Number 14 to Exclude Certain Evidence Re Patent Infringement Counts d/e 729 799 (d/e 802) is DENIED as moot. Entered by Judge Jeanne E. Scott on 11/18/2008. (CC, ilcd)
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Filing
801
OPINION. Plaintiff GSI Group, Inc.'s Motion to Strike or Exclude Sukup's Untimely Second Supplemental Report of Jerry Lee Hall dated July 28, 2008 (d/e 662) is ALLOWED. The opinions set forth in the Second Supplemental Report shall not be admitted at trial. Entered by Judge Jeanne E. Scott on 11/4/2008. (CC, ilcd)
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Filing
746
OPINION. Plaintiff GSI Group, Inc.'s Motion for Partial Summary Judgment Against Sukup's Third Affirmative Defense of Laches (d/e 411) is ALLOWED in part. The Court enters partial summary judgment in favor of Plaintiff GSI Group, Inc., and against Defendant Sukup Manufacturing Company with respect to Sukup's Third Affirmative Defense of laches to Counts II, IV, VI, and VII of the Third Amended Complaint. GSI's Motion is denied as moot as to Counts I, III, and V of the Third Amended Complaint. Entered by Judge Jeanne E. Scott on 10/29/2008. (CC, ilcd)
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Filing
745
OPINION. The Motion for Summary Judgment by Defendant Sukup Manufacturing Company on Plaintiff's Unfair Competition Counts (d/e 453) is ALLOWED in part, and Plaintiff GSI Group, Inc.'s Motion for Partial Summary Judgment as to GSI's C ount IV for Sukup's Federal Deceptive Trade Practices (d/e 455) is ALLOWED in part. The Court enters partial summary judgment in favor of Sukup Manufacturing Company and against GSI Group, Inc. on Count V of the Third Amended Complaint, and fur ther, enters partial summary judgment in favor of Sukup Manufacturing Company and against GSI Group, Inc., to the extent that GSI's monetary claims in Counts IV, VI, and VII are limited to disgorgement of profits. The Court enters partial summa ry judgment in favor of GSI Group, Inc. and against Sukup Manufacturing Co. on Count IV of the Third Amended Complaint to the extent that the Court determines, pursuant to Rule 56(d)(1), that: (1) Sukup made literally false statements in its advertis ing materials for its tower dryers as set forth above, (2) GSI does not need to prove that the false statements were likely to deceive potential customers because Sukup's statements were literally false, and (3) Sukup used the false statements in its advertising to tout its tower dryers in interstate commerce. The two Motions are otherwise DENIED. Entered by Judge Jeanne E. Scott on 10/28/2008. (CC, ilcd)
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Filing
743
OPINION: Plaintiff GSI Group, Inc.'s Motion for Partial Summary Judgment Against Defendants Fourth Affirmative Defense of Patent Misuse (d/e 417) is ALLOWED. The Court enters partial summary judgment in favor of Plaintiff GSI Group, Inc., and ag ainst Defendant Sukup Manufacturing Co. on Defendant's Fourth Affirmative Defense of Patent Misuse. Plaintiff GSI's Motion for Partial Summary Judgment Against Defendant's Second Counterclaim of Tortious Interference with a Business Relationship (d/e 428) and Plaintiff GSI's Motion for Partial Summary Judgment Against Defendant's Fourth Counterclaim for Alleged Violation of the Lanham Act (d/e 429) are DENIED. Entered by Judge Jeanne E. Scott on 10/15/08. (ME, ilcd)
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Filing
683
OPINION. Defendant Sukup Manufacturing Company's Motion for Summary Judgment as to Lack of Willfulness (d/e 446) is DENIED. Entered by Judge Jeanne E. Scott on 10/9/2008. (CC, ilcd)
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Filing
682
OPINION. Plaintiff GSI Group, Inc.'s Motion for Partial Summary Judgment for Infringement of GSI's Burner Cone Patent by Sukup's Frustoconical Burner Cone Heater (d/e 431) is ALLOWED in part and DENIED in part; the Court enters partia l summary judgment in favor of GSI Group, Inc. and against Sukup Manufacturing Co. to the extent that the Court determines, pursuant to Rule 56(d)(1), that Sukup's original grain bin heater design infringed on U.S. Patent 5,400,525, if that pate nt is determined to be valid, but the Motion (d/e 431) is otherwise DENIED. Fed. R. Civ. P. 56(d)(1). Defendant Sukup Manufacturing Company's Motion for Summary Judgment of Invalidity of U.S. Patent 5,400,525 (d/e 449) is DENIED. Defendant Sukup 's Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 5,400,525 (d/e 450) is ALLOWED. The Court enters partial summary judgment in favor of Sukup Manufacturing Co. and against GSI Group, Inc. to the extent that the Court determines that Sukup Manufacturing Co.'s current Wedding Cake Insert design for its grain bin heater does not infringe on U.S. Patent No. 5,400,525. Entered by Judge Jeanne E. Scott on 10/8/2008. (CC, ilcd)
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Filing
678
OPINION. Plaintiff GSI Group, Inc.'s Motion for Partial Summary Judgment that All of GSI's Tower Dryer Patents-In-Suit are Valid (d/e 407) is ALLOWED in part, WITHDRAWN in part, and DENIED in part; GSI's Motion for Partial Summary Jud gment Against Defendant's Inequitable Conduct Affirmative Defense and Counterclaim, and for a Declaration of Enforceability, as to All GSI's Tower Dryer Patents-In-Suit (d/e 424) is ALLOWED in part, and DENIED as moot in part; GSI's Mo tion for Partial Summary Judgment of Infringement of GSI's Tower Dryer Patents by the Sukup Tower Dryer Installed at the Rosenwinkel Farm (d/e 438) is ALLOWED; Defendant Sukup Manufacturing Company's Motion for Summary Judgment of Invalidit y of U.S. Patent No. 6,076,276 (d/e 447) is ALLOWED; Defendant Sukup's Motion for Summary Judgment of Invalidity of U.S. Patent No. 6,073,367 (d/e 448) is ALLOWED; Defendant Sukup's Motion for Summary Judgment of Non-Infringement of U.S. Pa tent No. 6,076,276 (d/e 443) is DENIED as moot; Defendant Sukup's Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 6,073,367 (d/e 444) is DENIED as moot; and Defendant Sukup's Motion for Summary Judgment of Non-Infringement of U.S. Patents Nos. 6,073,364 and 6,233,843 (d/e 445) is ALLOWED in part and DENIED in part. Entered by Judge Jeanne E. Scott on 9/25/2008. (CC, ilcd)
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Filing
669
OPINION. Defendant Sukup Manufacturing Company's Motion for Summary Judgment Barring Plaintiff From the Recovery of Lost Profits, and Alternatively Under the Entire Market Value Rule, Regarding US Patent No. 5,135,271 (d/e 451) is DENIED. Entered by Judge Jeanne E. Scott on 9/16/2008. (CC, ilcd)
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Filing
667
OPINION entered by Judge Jeanne E. Scott on 09/11/2008. Plaintiff GSI Group, Inc.'s Motion for Partial Summary Judgment that GSI's Bin Door Patent (U.S. Patent No. 5,135,271) is Valid as to 35 U.S.C. §§ 101, 102, and 112 (d/e 400) is ALLOWED. The Court enters partial summary judgment in favor of Plaintiff GSI Group, Inc., and against Defendant Sukup Manufacturing Co., to the extent that 271 Patent meets the requirements for validity set forth in Patent Act §§ 101, 1 02, and 112. 35 U.S.C. §§ 101, 102, & 112. GSI's Motion for Partial Summary Judgment Against Sukup's Inequitable Conduct Affirmative Defense and Counterclaim, and for a Declaration of Enforceability as to GSI's Bin Door Paten t (d/e 420) is ALLOWED in part. The Court enters partial summary judgment in favor of Plaintiff GSI Group, Inc., and against Defendant Sukup Manufacturing Co., on Sukup's affirmative defense and counterclaim of inequitable conduct with respect t o the 271 Patent, but DENIES partial summary judgment on Plaintiff GSI's request for a declaration of enforceability as to the 271 Patent because issues of fact remain as to obviousness. 35 U.S.C. § 103. Defendant Sukup Manufacturing Co.� 39;s Alternative Motion for Summary Judgment of Invalidity of U.S. Patent No. 5,135,271 (d/e 454) is DENIED. Sukup's Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 5,135,271 (d/e 442) is ALLOWED in part. The Court enters part ial summary judgment in favor of Sukup Manufacturing Co. and against GSI Group, Inc. to the extent that the Court determines, pursuant to Rule 56(d)(1), that Sukup's second and third generation pins do not literally infringe on pin structure set forth in Claim 14 of the 271 Patent. Fed. R. Civ. P. 56(d)(1). The Motion (d/e 442) is otherwise DENIED. (DM, ilcd) Modified on 9/12/2008 (DM, ilcd).
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