Troxler Electronic v. Pine Instrument, et al
| Troxler Electronic Laboratories, Inc. |
| Pine Instrument Company |
| Pine Instrument Company and Troxler Electronic Laboratories, Inc. |
| Troxler Electronic Laboratories, Inc. and Pine Instrument Company |
| 5:2001cv00349 |
| May 11, 2001 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| Malcolm J. Howard |
| Patent |
| 35 U.S.C. ยง 145 |
| Both |
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| Document Text |
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Filing
197
ORDER denying 135 Motion for Summary Judgment; denying 136 Motion for Summary Judgment; denying 138 Motion for Summary Judgment; granting 140 Motion for Summary Judgment; denying 142 Motion for Summary Judgment; adopting Report and Recommen dations re 186 Memorandum and Recommendations and denying as moot 195 Motion for Hearing. In addition, the court makes the following FINDINGS OF FACT - see order for details. This matter is set for this court's June 22, 2009 civil term. The clerk is directed to schedule the pretrial conference accordingly. Counsel served by NEF. Calendar Copy. Signed by Senior Judge Malcolm J. Howard on 2/13/2009. (Heath, D.)
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Filing
186
MEMORANDUM AND RECOMMENDATIONS re 140 MOTION for Summary Judgment, 136 MOTION for Summary Judgment, 138 MOTION for Summary Judgment, 135 MOTION for Summary Judgment and 142 MOTION for Summary Judgment. For the foregoing reasons, it is HERE BY RECOMMENDED that a finding of fact be entered in this matter that Troxler's modesl 4140, 4140B and 4141 gyratory compactors literally read upon the 133 patent. Nonetheless, it is further RECOMMENDED that Pines Motion for Summary Judgment of Infringement [DE-142] be DENIED because Troxler's affirmative defenses of equitable estoppel and laches remain unresolved. Likewise, it is RECOMMENDED that a finding of fact be entered that: 1) Pine engaged in "misleading conduct" as that term pertains to equitable estoppel: and 2) Pine's delay in filing suit against Troxler was unreasonable as defined by the doctrine of laches. Again, however, it is ultimately RECOMMENDED that the parties' cross motions for summary ju dgment with regard to the laches and equitable estoppel defenses raised by Troxler [DE's 136 & 138] both be DENIED because material issues of fact exist with regard to those defenses. Finally, it is RECOMMENDED that Troxler's Motion for Su mmary Judgment on Invalidity [DE-135] be DENIED, and Pine's Motion for Summary Judgment on the Invalidity Defenses [DE-140] be GRANTED. SO RECOMMENDED in Chambers at Raleigh, North Carolina this 6th day of October, 2008. Objections to M&R due by 10/21/2008. See next docket entry for M&R 10 Day Notice. Signed by USMJ William A. Webb on 10/6/2008. (Heath, D.)
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