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13-10628 - Exergen Corporation v. KAZ USA, Inc.


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13-10628 - Exergen Corporation v. KAZ USA, Inc.
August 1, 2014
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Judge Richard G. Stearns: ORDER entered Limiting the Scope of the Markman Hearing. "An exploration of the Wands factors is both premature and beyond the limited intended scope of the Markman process. Accordingly, the court will not permit expert testimony on enablement at the claim construction hearing and reserve the issue for either summary judgment or trial."Associated Cases: 1:13-cv-10628-RGS, 1:12-cv-12243-DPW, 1:13-cv-11243-DJC(RGS, int2)
August 15, 2014
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Judge Richard G. Stearns: ORDER entered construing claims. "The claim terms at issue will be construed for the jury and for all other purposes in the pending litigations in a manner consistent with the above rulings of the court."Associated Cases: 1:13-cv-10628-RGS, 1:12-cv-12243-DPW, 1:13-cv-11243-DJC(RGS, int2)
July 24, 2015
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Judge Richard G. Stearns: ORDER entered granting 135 Motion for Summary Judgment; denying 142 Motion for Summary Judgment. "For the foregoing reasons, Kaz's motion for summary judgment on the license defense is DENIED. Exergen's cross-motion is ALLOWED." (RGS, int2)
August 10, 2015
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Judge Richard G. Stearns: ORDER entered granting 137 Motion for Summary Judgment. "For the foregoing reasons, Exergen's motion for summary judgment on the inequitable conduct defense is ALLOWED." (RGS, int2)
August 20, 2015
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Judge Richard G. Stearns: ORDER entered granting 141 Motion for Summary Judgment; denying 143 Motion for Summary Judgment. "For the foregoing reasons, Kaz's motion for summary judgment of invalidity because of obviousness is DENIED. Kaz's motion for summary judgment of no willful infringement is ALLOWED." (RGS, int2)
September 3, 2015
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Judge Richard G. Stearns: ORDER entered denying 140 Motion for Summary Judgment; denying 239 Motion to Strike. "For the foregoing reasons, Kaz's motion for summary judgment of noninfringement is DENIED. Exergen's motion to strike the Ho and Frick declarations is DENIED. The parties will have at the election of wither until October 2, 2015, to depose Ho and Frick for the limited purpose of authenticating and establishing the admissibility of the Microlife exhibits. The Clerk will schedule this matter for a jury trial commencing at 9 a.m., January 11, 2016, in Courtroom 21 of the Moakley Federal Courthouse." (RGS, int2)
December 7, 2015
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Judge Richard G. Stearns: ORDER entered granting in part and denying in part 274 Motion for Summary Judgment. "For the foregoing reasons, Kaz's motion for summary judgment of issue preclusion is ALLOWED IN PART with respect to claims 27, 29, 37, and 56 of the '938 patent, and DENIED IN PART with respect to claims 17, 24, 33, 39, 40, 46, 49, 60, and 66 of the'938 patent, and claims 7, 14, and 17 of the '685 patent. The jury trial will commence at 9 a.m., January 11, 2016, in Courtroom 21 of the Moakley Federal Courthouse, as previously scheduled." (RGS, int2)
March 25, 2016
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Judge Richard G. Stearns: ORDER entered denying 381 Motion for Judgment of Invalidity under 35 U.S.C. § 101. "For the foregoing reasons, Kaz's motion for judgment of invalidity under 35 U.S.C. § 101 is DENIED. The Clerk will now enter judgment for Exergen." (RGS, int2)
June 1, 2018
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Judge Richard G. Stearns: ORDER entered granting 486 Motion for Release of Bond Obligation in light of the parties having settled their dispute. (RGS, int2)