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96-244 - AFG Industries, Inc, et al v. Cardinal IG Co., Inc, et al


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96-244 - AFG Industries, Inc, et al v. Cardinal IG Co., Inc, et al
June 30, 2005
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ORDER, the Court FINDS that Cardinal has failed to show that any of the recognized exceptions to the doctrine of law of this case is applicable in this case. Accordingly, it is hereby ORDERED that the defendant's 227 Motion for Reconsideration is DENIED. It is also ORDERED that Cardinal's counterclaim requesting that this case be found to be exceptional under 35 U.S.C. Section 285, and for attorney's fees and costs is bifurcated from the trial of this cause and will be addressed at a later date, after the jury's verdict, if appropriate. Signed by Judge J Ronnie Greer on 6/30/2005. (RLC, )
August 9, 2005
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ORDER, the Court FINDS as follows: 1. On July 29,2005, at the close of all proof, this Court granted a motion for judgment as a matter of law in favor of the AFG Industries, Inc., and Asahi Glass Company, Ltd. on the issue of liability finding that all eight LoE2 products sold by Cardinal IG Company did infringe the Oyama U.S. Patent No. 4,858,532. The Clerk is DIRECTED to enter a judgment reflecting this finding. 2. The jury returned a verdict finding that a reasonable royalty in this case was $.0281 per square foot of infringing glass sold and the parties stipulated that Cardinal has sold 894,753,000 square feet of glass. Applying the reasonable royalty found by the jury results in damages in the amount of $25,142,559.00. The Clerk is DIRECTED to enter a judgment upon the jury's verdict reflecting this amount of damages. 3. The Court found that the appropriate rate of prejudgment interest is the prime rate, compounded quarterly, from 1991 to August 8, 2005 for prejudgment interest totaling $18,573,751.00. The Clerk is DIRECTED to enter a judgment reflecting this amount of prejudgment interest. Signed by Judge J Ronnie Greer on 8/9/2005. (RLC, )
December 19, 2008
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MEMORANDUM AND OPINION: Since it is undisputed that all of the accused Cardinal products have a central zinc oxide core produced by multiple depositions of zinc oxide, none of the accused products infringe the 532 patent and Cardinal is entitled to summary judgment of noninfringement. Therefore, Cardinals motion for summary judgment, [Doc. 430], will be GRANTED, AFGs motion for summary judgment, [Doc. 427], AFGs appeal of the decision of the United States Magistrate Judge on AFGs motion for leave to add a new expert, [Doc. 411], the motion for leave to add a new expert, [Doc. 398], and AFGs Rule 56(f) motion [Doc. 455], will be DENIED as moot, and this case will, by separate order, be DISMISSED WITH PREJUDICE. All other pending motions in the case are PRETERMITTED and the Clerk is directed to terminate those motions. See memorandum for details. Signed by District Judge J Ronnie Greer on 12/19/2008. (RLC)