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14-6544 - American Technical Ceramics Corp. et al v. Presidio Components, Inc.


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14-6544 - American Technical Ceramics Corp. et al v. Presidio Components, Inc.
November 7, 2016
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MEMORANDUM AND ORDER, The disputed claims in the 547 Patent and 791 Patent are construed as detailed in the attached Memorandum & Order. The parties shall proceed in this litigation in a manner consistent with this opinion and jointly advise the court by letter filed on ECF no later than November 14, 2016 how they intend to do so. Ordered by Judge Kiyo A. Matsumoto on 11/7/2016. (Newman, Alanna)
March 27, 2018
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ORDER granting in part and denying in part 94 Motion for Summary Judgment; granting in part and denying in part 97 Motion for Summary Judgment. As set forth in the attached memorandum and order, defendant's motion for summary judgment is GRANTED as to (1) plaintiffs' claim for damages for pre-suit infringement of the '547 Patent from 1999 onward and (2) plaintiff's claim for damages under 35 U.S.C. ยง 284 solely with respect to the '547 Patent. Defendant's motion for summary judgment is denied in all other respects, although the denial of defendant's motion for summary judgment as to plaintiff's claim for infringement of the '547 Patent is denied without prejudice pending further claim construction of the term "terminations."Plaintiff's motion for summary judgment is GRANTED as to (1) the defense of laches, without prejudice to defendant's ability to argue laches in opposing an ongoing royalty or an injunction should this action reach the remedial stage; (2) the defense of equitable estoppel; and (3) the defense of waiver solely with respect to the '547 Patent. Plaintiff's motion for summary judgment is DENIED as to the defense of waiver with respect to the '791 Patent. As further set forth in the attached memorandum and order, the parties are directed to confer and, within seven (7) days of entry of this order, submit a joint plan for claim construction proceedings with respect to the word "terminations" as recited in the '547 Patent, including a briefing scheudle and a statement as to whether a hearing is necessary. Because of the importance of further claim construction with respect to the word "terminations" in crystallizing the issues that may remain for trial, the court will not direct the parties to commence trial preparations at this time. Ordered by Judge Kiyo A. Matsumoto on 3/27/2018. (Flores, Diego)