COOK INCORPORATED v. ENDOLOGIX, INC.
| COOK INCORPORATED |
| ENDOLOGIX, INC. |
| 1:2009cv01248 |
| October 6, 2009 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Monroe |
| Tim A. Baker |
| William T. Lawrence |
| Plaintiff |
| 35 U.S.C. ยง 271 Patent Infringement |
| Plaintiff |
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Filing
360
ENTRY ON COOK INCORPORATED'S MOTION FOR PARTIAL RECONSIDERATION - For the reasons set forth above, Cook's motion for reconsideration (Dkt. 343 ) is GRANTED. The Court's Entry on Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean (Dkt. 302 ) is modified as set forth above. The parties are instructed to strictly adhere to the Court's rulings. *SEE ENTRY*. Signed by Judge Tanya Walton Pratt on 10/4/2012. (JD)
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Filing
358
ENTRY ON PARTIES' MOTIONS IN LIMINE - The Court GRANTS the following motions: Cook's Motions in Limine Nos. 1, 5, 6, 7, and 8 (Dkts. 252 , 255 , 256 , 257 , 258 ); Endologix's Motions in Limine Nos. 2 and 3 (Dkts. 240 , 242 ). The Court DENIES Cook's Motion in Limine No. 2 (Dkt. 259 ). The Court GRANTS in part and DENIES in part the following motions: Cook's Motion in Limine No. 4 (Dkt. 254 ); Endologix's Motion in Limine No. 1 (Dkt. 238 ). The Court GRANTS in part and reserves ruling in part on Cook's Motion in Limine No. 3 (Dkt. 253 ). If the parties wish to renew any arguments as the trial unfolds, they are free to approach the bench and do so. *SEE ENTRY*. Signed by Judge Tanya Walton Pratt on 10/1/2012. (JD)
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Filing
355
ENTRY ON COOK'S MOTION FOR CLARIFICATION - Cook's motion for clarification (Dkt. 341 ) is GRANTED. The Court adopts the new construction, "every eye of a set of eyes of the second stent encloses a bend at one of the opposite ends of the first stent" for the '706 patent, Claim 12 term "said set of eyes of said second stent are engaged about said first wire at one of said opposite ends." *SEE ENTRY*. Signed by Judge Tanya Walton Pratt on 9/27/2012. (JD)
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Filing
320
ENTRY - Endologix's Motion to Exclude Opinion Testimony of Cook's Damages Expert Julie Davis, (Dkt. 193 ), regarding both lost profits and reasonable royalties is DENIED. Signed by Judge Tanya Walton Pratt on 9/10/2012. (JD)
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Filing
302
ENTRY - Endologix's motion (Dkt. 188 ) is DENIED in part and GRANTED in part. Specifically, the Court will exclude the portions of Dr. McLean's testimony regarding literal infringement of the '706 patent and construction of the term s "substantially constant" / "uniform," "introducer sheath," and "having a fixed shape." The Court will allow Dr. McLean's testimony regarding doctrine of equivalents infringement of the '706 patent, literal infringement of the '777 patent, and the mechanical properties of the stent assemblies. *SEE ENTRY*. Signed by Judge Tanya Walton Pratt on 9/6/2012. (JD)
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Filing
300
ENTRY - The Court GRANTS in part and DENIES in part Endologix's motion for summary judgment of noninfringement (Dkt. 179 ). Specifically, the Court grants Endologix's motion with respect to noninfringement of the '706 patent by literal infringement, but denies Endologix's motion with respect to noninfringement of the '706 patent under the doctrine of equivalents and the '777 patent by literal infringement. Signed by Judge Tanya Walton Pratt on 8/31/2012. (JD)
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Filing
299
ENTRY - Endologix's Motion for Leave to File Motion For Summary Judgment of No Contractual Estoppel and No Willful Infringement (Dkt. 264 ) is DENIED. Signed by Judge Tanya Walton Pratt on 8/30/2012. (JD)
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Filing
225
ENTRY ON SUMMARY JUDGMENT ISSUE OF CONTRACTUAL ESTOPPEL - For the reasons set forth, Endologix's Motion for Summary Judgment (Dkt. # 169 ) is DENIED. The Court will address Endologix's remaining Motion for Summary Judgment (Dkt. # 179 ) in due course. Signed by Judge Tanya Walton Pratt on 7/6/2012. (JD)
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Filing
145
ENTRY on Claim Construction - The disputed claim terms have the meaning set out in this order. Signed by Judge Tanya Walton Pratt on 8/16/2011.(TRG)
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Filing
51
ORDER granting 47 Plaintiff's Motion to Lift Stay. The parties shall confer and file a proposed Case Management Plan within 21 days. The Court will review the CMP to help determine the need for and timing of any Court-supervised pretrial, settlement, or other conference, so the parties are encouraged to include in the CMP their views on this issue. Signed by Magistrate Judge Tim A. Baker on 6/2/2010. (LBK)
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Filing
46
ORDER denying Pltf's 40 Motion to Lift Stay (see Order for details). Signed by Magistrate Judge Tim A. Baker on 4/13/2010. (SWM)
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Filing
39
ORDER granting deft's 26 Motion to Stay Proceedings Pending Reexamination of Patents-in-Suit. The parties may jointly request a lifting of the stay for the limited purpose of a Court-supervised settlement conference. The Case Management Plan [Docket No. 33] is denied. The time for filing any objection to this Order under Fed. R. Civ. P. 72(a) runs from the date this Order is docketed (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 1/21/2010. (SWM)
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| Plaintiff: COOK INCORPORATED | |
| Represented By: | Kelly J. Eberspecher |
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| Defendant: ENDOLOGIX, INC. | |
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