May 15, 2012 |
Filing
296
MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that defendant's motions for summary judgment [## 233 , 237 ] and plaintiffs' motion for partial summary judgment [# 230 ] are denied. IT IS FURTHER ORDERED that all motions to exclude or limit expert testimony [## 260 , 263 , 266 , 290 ] are denied. Signed by Honorable Catherine D. Perry on 05/15/2012. (CBL)
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November 29, 2011 |
Filing
216
MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that defendant's motion for summary judgment [# 211 ] is denied. IT IS FURTHER ORDERED that if either party believes the current Case Management Order requires amending, either because of this opinion or because of personal conflicts mentioned during the last telephone conference, counsel should file an appropriate motion, after conferring with opposing counsel. Any motion to modify the Case Management Order must set out t he position of both parties, and must be filed by December 9, 2011. By separate order, this case is referred to mediation effective today, and that mediation must be completed no later than January 20, 2012. Signed by Honorable Catherine D. Perry on 11/29/2011. (CBL)
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October 23, 2009 |
Filing
197
MEMORANDUM AND ORDER. ORDERED that defendant's motion for a bill of costs [# 187 ] is granted to the extent that the Clerk of the Court shall tax costs in the amount of $27,473.26. Signed by Honorable Catherine D. Perry on 10/23/09. (KLH)
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August 31, 2009 |
Filing
182
MEMORANDUM AND ORDER. ORDERED that defendants motion [# 154 ] for summary judgment on defendant's claim of non-infringement is GRANTED and defendant is entitled to a declaration of non-infringement; plaintiffs motion for summary judgment on infr ingement [# 113 ] is DENIED. FURTHER ORDERED that defendant's motion for summary judgment on plaintiff's willfulness claim [# 143 ] is DENIED as moot. FURTHER ORDERED that defendant's motion [# 139 ] for summary judgment on plaintiff& #039;s lack of standing is DENIED as without merit. FURTHER ORDERED that because genuine disputes of material fact remain on the validity of the patent, both motions for summary judgment regarding invalidity [## 135 , 148 ] are DENIED. FINALLY ORDER ED that, under the discretion granted me by the Declaratory Judgment Act, I decline to further consider the issues raised by Count VI of the counterclaim, seeking declaration of invalidity, and Count VI is dismissed without prejudice. A judgment in accord with this Memorandum and Order is entered separately. Signed by Honorable Catherine D. Perry on 8/31/09. (KLH)
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March 2, 2009 |
Filing
121
MEMORANDUM AND ORDER re: 110 MOTION for Leave to File Their First Amended Complaint filed by Advanced Software Design Corporation, Plaintiff Calin A. Sandru. Motion is denied. 118 MOTION for Extension of Time to File Response/Reply as to 113 MO TION for Summary Judgment on the Issue of Infringement filed by Defendant Fiserv, Inc. Motion is granted, and defendant shall file its opposition to the existing summary judgment motion no later than April 10, 2009. Plaintiff shall file any reply brief no later than April 20, 2009. IT IS HEREBY ORDERED that the Case Management Order is clarified as follows: If either party files any further summary judgment or other dispositive motion before the deadline now set by the Case Management Order, the response to such motion must be filed within thirty calendar days of the filing of the motion, and any reply brief must be filed within ten calendar days of the filing of the response. For purposes of this paragraph, three days shall not be added to either time limit, and weekends and intervening holidays shall not be excluded. Signed by Honorable Catherine D. Perry on March 2, 2009. (MCB) Modified on 3/2/2009 (MCB).
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December 23, 2008 |
Filing
107
MEMORANDUM OPINION. For the reasons stated above, the preceding definitions shall apply to the patent claim terms in the 624 and 110 patents. Disputes over remaining claim terms may be raised in the context of summary judgment motions or at trial, through proposed jury instructions. So ordered. Signed by Honorable Catherine D. Perry on 12/23/08. (KLH)
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