Illinois Tool Works Inc v. MOC Products Company, Inc.

Filing 294

ORDER Granting 291 Ex Parte Motion for Permission to Brief Willfulness. The deadline for the parties to file their supplemental briefs is unchanged. The page limitations of the briefs are HEREBY EXTENDED by three pages each, to eighteen pages and thirteen pages, respectively. Signed by Judge Janis L. Sammartino on 8/31/2012. (All non-registered users served via U.S. Mail Service)(jao)(jrd)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ILLINOIS TOOL WORKS, INC. dba
WYNN’S, a Delaware Corp.,

CASE NO. 09CV1887 JLS (MDD)
ORDER GRANTING EX PARTE
MOTION FOR PERMISSION TO
BRIEF WILLFULNESS

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Plaintiff,
vs.

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(ECF No. 291)

MOC PRODUCTS COMPANY, INC., a
California Corp.,
Defendant.

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Presently before the Court is MOC Products Company, Inc.’s (“MOC”) Ex Parte Motion
for Permission to Brief Willfulness Either as Part of the Briefing Previously Ordered by the Court
or Separately in Light of Bard v. W.L. Gore & Associates, 682 F.3d 1003 (Fed. Cir. 2012). (Ex
Parte Mot., ECF No. 291) Also before the Court is a response filed by Plaintiff Illinois Tool
Works, Inc. d/b/a Wynn’s (“ITW”). (Resp., ECF No. 292) ITW does not oppose additional
briefing on the issues identified by MOC,1 and the Court finds that it would be aided by the
parties’ comments on the Federal Circuit’s recent opinion in Bard. Accordingly, the Court
GRANTS MOC’s ex parte request.

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ITW does oppose MOC’s request—to the extent it is making such a request—for the Court
to issue a pre-trial ruling on whether the objective prong of willfulness is met. However, the
supplemental briefing requested by the Court is not intended as a second round of motions in limine;
rather, it is intended to aid the Court and the parties in preparing and finalizing the jury instructions,
and in determining how this case should be presented to the Court and to the jury.
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09cv1887

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The parties are HEREBY DIRECTED to address in their supplemental briefs the impact

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of Bard as it pertains to the jury instructions and as it pertains to the presentation of this case to the

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Court and to the jury. The deadline for the parties to file their supplemental briefs is unchanged:

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the initial briefs are due on or before September 10, 2012, and the replies are due on or before

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September 17, 2012. The page limitations of the briefs are HEREBY EXTENDED by three

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pages each, to eighteen pages and thirteen pages, respectively.

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IT IS SO ORDERED.

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DATED: August 31, 2012
Honorable Janis L. Sammartino
United States District Judge

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09cv1887