Health Grades, Inc. v. MDX Medical, Inc.

Filing 194

ORDER denying 139 Motion for Reconsideration ; denying as moot 155 Motion for Leave to File Excess Pages; denying as moot 167 Motion for Leave to File Excess Pages by Judge Philip A. Brimmer on 5/2/12.(cmacd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-00520-PAB-BNB
HEALTH GRADES, INC.,
Plaintiff,
v.
MDX MEDICAL, INC.,
doing business as Vitals.com,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before the Court on defendant’s motion for reconsideration
[Docket No. 139] of the Court’s December 7, 2011 Order [Docket No. 83] denying
defendant’s motion for partial summary judgment [Docket No. 9] without prejudice.
Plaintiff is the assignee and owner of U.S. Patent No. 7,752,060 (the “patent”)
and contends that a website owned by defendant infringes the patent. In the motion for
partial summary judgment, defendant argued that the current version of its website
does not infringe plaintiff’s patent. In the December 7 Order, the Court pointed out that
the parties’ positions on that issue turned on their respective interpretation of specific
claim language. Because the patent had not yet been construed, the Court concluded
that defendant’s motion for partial summary judgment was premature and denied the
motion without prejudice to defendant refiling a motion for partial summary judgment
after the Court construed the disputed claim language.
In the present motion, defendant requests that the Court “reconsider” this ruling

in light of the fact that the Court has since construed the disputed claim language
“consistently” with defendant’s construction. The Court and the parties will benefit from
briefing that takes into account the Court’s actual claim construction. Therefore, it is
ORDERED that defendant’s motion for reconsideration [Docket No. 139] is
DENIED. It is further
ORDERED that the parties’ respective motions for leave to file excess pages
[Docket Nos. 155, 167] are DENIED as moot.

DATED May 2, 2012.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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