Motion for Summary Judgment of Noninfringement Granted

Following claim construction, Judge Lynn granted summary judgment of noninfringement on three of the five asserted grounds, and on the claim of willful infringement. She declined to grant summary judgment in favor of the defendant on its invalidity claims, and also granted in part a motion to exclude portions of the plaintiff’s damages expert’s testimony.

Pretrial Rulings in Fall Line Patents Case     

I had a great time at the recent planning meeting for the upcoming EDTX bench/bar conference in October. Pretrial rulings in this case were the subject of some gossip among the participants, so I went back and studied those I had not posted on previously, including SJ, experts, and a “novel” standing/subject matter jurisdiction argument. (And “novel” not in a good way).

Motions For Summary Judgment Denied

Not as exciting as seeing Tiger 131 in the flesh at “Tankfest” in Bovington last month was Judge Payne’s denial of all three motions for summary judgment filed by the parties in this case.  They consisted of a motion for partial summary judgment of noninfringement, a motion for summary judgment of no pre-suit damages, and a motion by the plaintiff for partial summary judgment that the defendant practiced certain limitations of the patents.

Pretrial Rulings in Waco (including Priority Date)

Judge Albright issued a set of rulings in chart form from the pretrial conference held last week, including rulings on motions for summary judgment, expert testimony, and motions in limine.  Of note is the court’s denial of the defendant’s motion for summary judgment as to priority date, finding that it was estopped from raising the issue based on its stipulation filed in the IPR proceedings.