McKesson Automation Inc. v. Swisslog Holding AG et al

Filing 551

REPORT AND RECOMMENDATION Regarding Motion to Dismiss, Claim Construction, and Summary Judgment, and ORDER on Evidentiary Motions -- the Court recommends the following: 376 MOTION for Summary Judgment of Patent Misuse, Unclean Hands, Waiver, Lac hes and Estoppel be DENIED without prejudice to renew as part of the bifurcated antitrust trial; and, as it relates to the defenses of unclean hands, waiver, laches, and equitable estoppel be GRANTED; 383 MOTION for Summary Judgment of Non-I nfringement of the Patents-in-Suit be DENIED; 385 MOTION for Summary Judgment Dismissing McKesson's Claim of Willful Infringement, and Related Relief be DENIED without prejudice to renew after the issue of liability has been determi ned at trial; 408 MOTION for Summary Judgment of Invalidity of the Patents-in-Suit be DENIED; 381 MOTION for Summary Judgment on the Defenses of Laches, Equitable Estoppel and Failure to Mark be DENIED as it relates to the defenses of laches and estoppel, and with respect to failure to mark be GRANTED, with any damages being limited to those accruing after December 16, 2005; 379 MOTION for Summary Judgment on Defendants' Lack of Standing Defense be GRANTED; 404 MOTION for Summary Judgment of Validity (Partial) Under 35 U.S.C. § 112 be GRANTED; 526 MOTION to Dismiss Based upon Lack of Standing, to Limit Damages, and for Sanctions be DENIED; 373 MOTION for Summary Judgment of No Inequitabl e Conduct be GRANTED;( Objections to R&R due by 11/19/2009) --- ORDER re 435 MOTION to Exclude the Expert Testimony of John Michael McCarthy Relating to Obviousness is DENIED; 428 MOTION to Preclude Defendants' Daubert Motion to Preclude Plaintiff's Experts from Introducing Testimony Regarding Infringement By Equivalents and Materiality of Art is DENIED. Signed by Judge Leonard P. Stark on 10/30/09. (ntl)