Fujitsu Network Communications Inc et al v. Tellabs, Inc. et al
| Fujitsu Limited |
| Tellabs, Inc., Tellabs Operations Inc and Tellabs North America, Inc. |
| Tellabs, Inc. and Tellabs Operations Inc |
| Fujitsu Limited |
| James W Knowles |
| 1:2009cv04530 |
| July 27, 2009 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| James F. Holderman |
| Both |
| 28 U.S.C. ยง 1338 Patent Infringement |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
1432
MOTION by Counter Defendants Fujitsu Limited, Fujitsu Limited, Plaintiff Fujitsu Limited for judgment FUJITSU LIMITEDS RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW PURSUANT TO FED. R. CIV. P. 50(B) ON TELLABS UNENFORCEABILITY AFFIRMATIVE DEFENSE (Van Dyke, David)
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Filing
1409
MOTION by Defendants Tellabs North America, Inc., Tellabs Operations Inc, Tellabs, Inc. for judgment As A Matter of Law (Bradley, James)
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Filing
1403
MOTION by Plaintiff Fujitsu Limited for judgment as a matter of law (Van Dyke, David)
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Filing
1187
MEMORANDUM Opinion and Order Signed by the Honorable Jeffrey Cole on 2/13/2014:Mailed notice(jms, )
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Filing
1131
ORDER Granting Tellabs' Motion for Supplemental Claim Construction of Active Language in Claim 4 of U.S. Patent No. 5,521,737. Tellabs' "Motion for Supplemental Claim Construction of Active Language in Claim 4 of U.S. Patent No. 5,521, 737" 1003 is granted for the reasons set forth in the Statement section of this Order. The court finds that a person of ordinary skill in the art who reviewed the '737 Patent, its specification, and its prosecution history would understa nd the claim terms "emitting" and "receiving," as used in Claim 4 of the '737 Patent to describe the semiconductor laser element and the signal receiver element, to mean "engaged in the emission of" and "engage d in the receipt of," respectively. The court therefore adopts these constructions of the claim terms "emitting" and "receiving" as used in the relevant portions of Claim 4. This case remains set for trial on the '737 Patent on 2/24/14 with all pre-trial dates as set forth in the scheduling order entered by this court on 6/7/13 [1090; 1108]. Status hearing remains scheduled for 9/10/13 at 9:00 a.m. to further discuss the streamlining of discovery in this case, as well as related case numbers 12 C 3229 and 13 C 4991. Fujitsu Limited's "Motion for Summary Judgment of Infringement of Claims 4 and 5 of U.S. Patent No. 5,521,737" 601 and "Motion for Leave to Formally Serve the Third Supplem ental Expert Report of Dr. Alan E. Willner" 1041 are both denied as moot, because Fujitsu Limited's arguments are based solely on the Tellabs 7100 system equipped with LIAM-E or LRAM-E modules, and the court has determined that these modu les are not at issue in case number 09 C 4530 113 . Fujitsu Limited is granted leave to re-file these or similar motions in case number 13 C 4991 at an appropriate time, should it desire to do so. Signed by the Honorable James F. Holderman on 9/6/2013. Notice mailed by judge's staff (ntf, )
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Filing
1127
MEMORANDUM Opinion and Order Signed by the Honorable James F. Holderman on 8/20/13.(rbf, )
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Filing
1104
MEMORANDUM Opinion and Order. Tellabs' "Motion to Renew Its Motion to Strike" (Dkt. No. 955) is granted and Tellabs' renewed "Motion to Strike Portions of Fujitsu's Expert Reports and to Preclude Reliance by Fujitsu on T heories, Evidence, or Analyses Precluded Under the Court's Order of March 21, 2012" (Dkt. No. 568) is granted in part and denied in part. Tellabs' Renewed Motion (Dkt. No. 568) is granted as to those portions of the Willner Infringeme nt Report that rely on an analysis of the LIAM-E, LRAM-E, ELRAM-E, SPM, and SPM-N modules for purposes of proving infringement of the '737 Patent, and as to those portions of the Willner Infringement Report that rely on an analysis of the LIAM-E , LRAM-E, ELRAM-E, ADM, DPM, SPM, and SPM-N modules for purposes of proving infringement of the '163 Patent. Tellabs' Renewed Motion (Dkt. No. 568) is granted by agreement with respect to the portions of the Willner Infringement Report and the Bokhart Damages Report voluntarily withdrawn by Fujitsu Limited, including references to the modules excluded in the courts March 21, 2012 Order, (Dkt. No. 552 at 16 n.10), and references to the doctrine of equivalents. Tellabs' Renewed Mo tion (Dkt. No. 568) is denied with respect to the portions of the Willner Infringement Report that analyze indirect infringement of the '737 Patent and the '163 Patent. Signed by the Honorable James F. Holderman on 5/24/2013. Notice mailed by judge's staff (ntf, )
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Filing
1103
AMENDED MEMORANDUM Opinion and Order Granting Tellabs' Motion for Summary Judgment on Lost Profits Damages 593 . Signed by the Honorable James F. Holderman on 5/23/2013. Notice mailed by judge's staff (ntf, )
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Filing
1085
MEMORANDUM Opinion and Order. For the reasons set forth above, Tellabs' "Motion for Reclassification and Use of Documents Produced Under the Protective Order" (09 C 4530, Dkt. No. 1069) is granted and the court holds that the "Con tested information," as defined by this order, is no longer protected or confidential under the terms of the parties' stipulated amended protective orders or any previous court order in these two related pending cases. Consistent with this holding, Tellabs may disclose the Contested Information to its in-house counsel and senior management in advance of the upcoming April 14, 2013 mediation with Mr. Sternstein. Tellabs' use of the Contested Information in connection with this litigation with Fujitsu Limited is no longer restricted in any way. Signed by the Honorable James F. Holderman on 4/5/2013. Notice mailed by judge's staff (ntf, )
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Filing
1052
MEMORANDUM Opinion and Order. For the reasons set forth in the accompanying MEMORANDUM OPINION AND ORDER DENYING PARTIES' RESPECTIVE REQUESTS FOR JUDGMENT AS A MATTER OF LAW AND DENYING FUJITSU LIMITED'S REQUEST FOR A NEW TRIAL REGARDING F UJITSU LIMITED'S '681 PATENT, "Fujitsu's Renewed Motion for Judgment as a Matter of Law that Tellabs Infringes Claims 6, 7, and 8 of U.S. Patent No. 7,228,681, Notwithstanding the Jury Verdict of Non-Infringement; or, Alternativel y Motion for a New Trial" (Case No. 09 C 4530, Dkt. No. 962 ) and "Tellabs, Inc.'s, Tellabs Operations, Inc.'s, and Tellabs North America, Inc.'s Renewed Motion for Judgment as a Matter of Law that U.S. Patent No. 7,227,681 Is Invalid" (Case No. 08 C 3379, Dkt. No. 566 ) are both denied in their entirety. Tellabs' original "Motion for Judgment as a Matter of Law that U.S. Patent No. 7,227,681 Is Invalid" (Case No. 08 C 3379, Dkt. No. 557 ) and Tel labs' "Motion for Judgment as a Matter of Law Based on Fujitsu Limited's Failure to Prove Infringement of Claims 6-8" (Case No. 08 C 3379, Dkt. Nos. 547 , 552 , 555 (renewed)) are denied as moot. [For further details see attached order.] Signed by the Honorable James F. Holderman on 1/24/2013.Notice mailed by judge's staff (ntf, )
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Filing
1045
MEMORANDUM Opinion and Order. Tellabs Operations, Inc., Tellabs North America, Inc. and Tellabs, Inc.'s Motion for Summary Judgement on Lost Profit Damages 593 is granted. Tellabs' Motion to Renew Its Motion to Strike the Untimely Declarations of Randall Eisenach, Rick Fiechtner, Yozaburo Tajima 722 and Tellabs Motion to Strike 1016 are denied as moot. Signed by the Honorable James F. Holderman on 12/21/12. Notice mailed by judge's staff (ntf, )
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Filing
981
MEMORANDUM Opinion and Order. Signed by the Honorable James F. Holderman on 10/26/2012. Notice mailed by judge's staff (ntf, )
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Filing
950
MEMORANDUM Opinion and Order. Signed by the Honorable James F. Holderman on 9/26/2012. Notice mailed by judge's staff (ntf, )
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Filing
912
MEMORANDUM Opinion and Order Signed by the Honorable Jeffrey Cole on 8/29/2012:Mailed notice(jms, )
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Filing
791
WRITTEN Opinion entered by the Honorable James F. Holderman on 7/31/2012: Fujitsu Limited's Motion for Summary Judgment Finding No Inequitable Conduct During Prosecution of U.S. Patent No. 7,227,681 609 is granted for the reasons set forth in the Statement section of this order. Additionally, because the court does not rely on the July 13, 2012 deposition of Mr. Robert Stoll, the July 19, 2012 deposition of Dr. A. Bruce Buckman, or the July 20, 2012 deposition of Mr. John Doll in reaching its conclusion, Tellabs' motion for leave to file a sur-reply 786 is denied as moot. Signed by the Honorable James F. Holderman on 7/31/2012: Mailed notice (am)
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Filing
781
WRITTEN Opinion entered by the Honorable James F. Holderman on 7/27/2012: Fujitsu's Motion Regarding U.S. Patent No. 7,227,681: 'Active' Versus Passive Claim Terms 649 is granted in part and denied in part by the court's constr uing the disputed term "transmitting" which is the only disputed term raised in this motion 649 in claims 1, 2, 4, 6, 7 and 8 of the '681 Patent, the claims that Fujitsu intends to assert at the trial commencing August 27, 2012. The claim term "transmitting" when used as a verb in the '681 Patent means "engaged in the transmission of." The parties are encouraged to further discuss settlement. Signed by the Honorable James F. Holderman on 7/27/2012: Mailed notice (am)
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Filing
736
Memorandum Opinion and Order. Signed by the Honorable James F. Holderman on 7/23/2012: Mailed notice (am)
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Filing
727
WRITTEN Opinion entered by the Honorable James F. Holderman on 7/19/2012: Fujitsu's Motion to Strike Claims by Tellabs Set Forth Only in Tellabs' Supplemental Initial Disclosures 542 is denied as premature. Signed by the Honorable James F. Holderman on 7/19/2012: Mailed notice (am)
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Filing
554
Memorandum Opinion and Order. Signed by the Honorable James F. Holderman on 3/21/2012: Mailed notice (am)
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Filing
379
Memorandum Opinion and Order. Signed by the Honorable James F. Holderman on 9/29/2011: Mailed notice (am)
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Filing
305
MEMORANDUM Opinion and Order Signed by the Honorable James F. Holderman on 3/31/2011:Judicial staff mailed notice(gl, )
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Filing
250
Memorandum Opinion and Order. Signed by the Honorable James F. Holderman on 11/4/2010: Mailed notice (am)
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Filing
101
MEMORANDUM OPINION AND ORDER granting 55 Motion to Change Venue. This case is transferred to Chief Judge Holderman of the Northern District of Illinois. Signed by Judge Leonard Davis on 07/07/09. cc:attys 7-08-09 (mll, )[Transferred from Texas Eastern on 7/29/2009.]
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