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12-1369 - KONINKLIJKE PHILIPS ELECTRONICS N.V. et al v. ZOLL LIFECOR CORPORATION


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12-1369 - KONINKLIJKE PHILIPS ELECTRONICS N.V. et al v. ZOLL LIFECOR CORPORATION
February 6, 2013
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ORDER granting in part and denying in part Defendant's Motion to Stay 26. Zoll's Motion 26 is denied to the extent that the parties shall participate in the United States District Court for the Western District of Pennsylvanias Alternative Dispute Resolution (ADR) program in compliance with Local Rule 16.2. Zoll's Motion 26 is granted to the extent that this action, in all other respects except as outlined below, is stayed until conclusion of Court annexed mediation. It is further ordered that the attorneys of record will jointly submit to the Court a stipulation selecting an ADR process and neutral (pursuant to Revised Local Rule 16.2) by no later than 2/15/13 at 12:00 p.m. The parties shall exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) ("Initial Disclosures") in accord with Local Patent Rule 3.1 by 2/28/13 in preparation for said mediation. Mediation shall be concluded by 4/30/13 and a report by the neutral shall be promptly filed. Thereafter the Court will hold a status conference to address any and all remaining issues on 5/7/13 at 2:00 p.m. Signed by Judge Nora Barry Fischer on 2/6/13.(lks)
July 24, 2013
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MEMORANDUM ORDER indicating that 81 Plaintiffs' Motion to Lift Stay is granted, and the case will proceed in compliance with the provisions of Local Rule 16 and the Local Patent Rules as outlined in the order that follows. Signed by Judge Nora Barry Fischer on 7/24/13. (jg)
September 17, 2014
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MEMORANDUM ORDER indicating that, for reasons more fully stated within as Order the Special Master's Report and Recommendation 240 is adopted, in part, as the Opinion of the Court; that Defendant's Motion to Compel 205 is granted, in part, and denied, in part as more fully indicated in said Order; that all other provisions of the Court's previous Scheduling Order dated 7/24/13 91, as modified by the Court's later Orders dated 7/14/14 and 8/20/14 (191 and 220), shall remain in effect. Signed by Judge Nora Barry Fischer on 9/17/14. (jg)
September 24, 2014
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MEMORANDUM ORDER & OPINION indicating that, for reasons stated more fully within, the Court hereby adopts the Special Master's Recommended Claim Term Constructions 204, as set forth in a Claim Construction Order to follow. Accordingly, it is hereby ordered as follows: 1. ZOLL LifeCor's objections. 210 are overruled; 2. ZOLL LifeCor's Motion to Adopt-in-Part and Modify-in-Part the Special Master's Final Report and Recommendation on Claim Construction 209 is granted-in-part, to the extent it seeks to adopt the Special Master's Recommendation regarding the preambles, and is denied-in-part, in all other regards; and 3. Philips's Motion to Adopt Final Report and Recommendation on Claim Construction 211 is granted. An appropriate Claim Construction Order follows. Signed by Judge Nora Barry Fischer on 9/23/14. (jg)
April 14, 2015
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ORDER granting 297 Plaintiff's Unopposed Motion for Leave to File Documents Under Seal and that Plaintiffs may file under seal the unredacted Memorandum in of Philips's Motion to Preclude Defenses Based on "LifeCor Prior Art," on in the Alternative Reopen Fact Discovery, and the exhibits to the corresponding Declaration of Susan Y. Tull contain Confidential Information. Plaintiffs shall publicly file redacted versions of their Memorandum in Support of Philips's Motion to Preclude Defenses Based on "LifeCor Prior Art." or in theAlternative, Reopen Fact Discovery, and the exhibits to the corresponding Declaration of Susan Y. Tull that contain Confidential Information. The unredacted versions 1f Plaintiffs' Memorandum in Support of Philips's Motion to Preclude Defenses Based on "LifeCor Prior Art," or in the Alternative, Reopen Fact Discovery, and the exhibits to the corresponding Declaration of Susan Y. Tull, shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 4/14/15. (jg)
May 24, 2016
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der follows. Signed by Judge Nora Barry Fischer on 5/24/16. (jg)MEMORANDUM OPINION indicating that, for reasons more fully stated within, Defendant's Motion to Adopt-in-part, and Modify-in-part Special Master's Report and Recommendation on Remand Regarding Supplemental Claim Construction 409, is granted, in part, and denied, in part. Defendant's Motion is granted to the extent it requests that this Court adopt the Special Master's final Report and Recommendation 406, and denied to the extent it seeks to modify same. An appropriate Or
July 25, 2017
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MEMORANDUM OPINION & ORDER indicating that, for reasons stated within,: 1. Koninklijke Philips's Motion to Exclude the Testimony of Mark J. Chandler 462 is denied, without prejudice to later filing a motion in limine; 2. Koninklijke Philips's Motion to Exclude the Testimony of Dr. Sandor Kovacs 449 is denied, without prejudice to later filing a motion in limine.; 3. Koninklijke Philips's Motion to Exclude the Testimony of Dr. Wayne McDaniel 459 is denied, with the caution that to the extent that Dr. McDaniel and Dr. Ronald Berger offer the same opinions based on the same underlying evidence, the testimony of one of those experts would be excluded at trial as being "needless," "cumulative testimony" under Federal Rule of Evidence 403: a. To the extent that Drs. McDaniel and Berger rely on differing lines of evidence to reach their conclusions, such that their testimony is complementary rather than redundant, the Court will allow such testimony; b. ZOLL LifeCor is directed to coordinate the testimony on direct examination to avoid unnecessary duplication and cumulative evidence, pursuant to Federal Rule of Evidence 403; 4. ZOLL LifeCor's Motion to Exclude the Testimony of Dr. John P. Freese 452 is denied, as follows: a. With respect to "patient compliance issues," ZOLL LifeCor's Motion is denied, without prejudice to later filing a motion in limine; b. With respect to the "clinical value of external defibrillators" issue, ZOLL LifeCor's Motion is denied, but Koninklijke Philips is directed to limit Dr. Freese's direct testimony to the "opinions" on this topic within the "four corners" of paragraphs 30-35 of Dr. Freese's report based on Dr. Freese's "personal experience;" 5. ZOLL LifeCor's Motion to Exclude the Testimony of Mr. John Jarosz 453 is granted, in part, and denied, in part, as follows: a. The discussion of an alleged reduction in the cost of producing the accused products is excluded; b. The 50% apportionment rate as expressed in footnote 359 of Mr. Jarosz's report is excluded; c. The discussion of the importance of the patents-at-issue, Mr. Jarosz's conversation with Dr. Patrick Wolf, and the patented features being a "significant driver" of the "majority of" the value of the WCD 3000 are excluded; d. ZOLL LifeCor's Motion is denied in all other respects; 6. ZOLL LifeCor's Motion to Exclude the Testimony of Dr. Patrick Wolf 454, is granted, in part, and denied, in part, as follows: a. ZOLL LifeCor's Motion is denied to the extent that it seeks to exclude Dr. Wolf's testimony based on his reports; b. ZOLL LifeCor's Motion is granted solely with respect to Mr. Jarosz's statement in the paragraph bridging pages 64 and 65 of his report, beginning "Furthermore." c. ZOLL LifeCor's Motion is denied in all other respects; 7. ZOLL LifeCor's Objections 693 are overrules; 8. Koninklijke Philips's Objections 694 are overruled. The Report and Recommendation of Special Master Gale R. Peterson 688, is otherwise adopted as the opinion of this Court. Signed by Judge Nora Barry Fischer on 7/25/17. (jg)
October 20, 2017
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MEMORANDUM OPINION in support of the Court's Order 752 granting ZOLL Lifecor Corporation's Motion for Show Cause Order Regarding Post-Daubert Damages. Signed by Judge Nora Barry Fischer on 10/20/2017. (sks)