55 Brake, L.L.C. v. Audi of America, Inc. et al
ORDER. The Court will proceed with the bench trial on the inequitable conduct issue on 3/21/2011, even if the Therasense decision has not been issued. (Telephonic Pretrial Conference set for 3/16/2011 10:30 AM in Boise Chambers before Judge B. Lynn Winmill.) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO 55 BRAKE, LLC, Plaintiff, v. ORDER AUDI OF AMERICA, et al., Defendants. Case No. 1:CV 08-177-BLW
Following a conference between the Court's staff and all counsel, the Court has considered whether to proceed with the bench trial set for March 21, 2011. As counsel discussed, the Federal Circuit has not yet issued its en banc decision on the inequitable conduct issue in Therasense v. Becton. The Court considered waiting for that decision before holding trial. However, the next trial date on the Court's calendar is far in the future, and the delay in this case would be substantial, especially if a further jury trial was necessary on infringement issues. For these reasons, the Court will proceed with the bench trial on the inequitable conduct issue on March 21, 2011, even if the Therasense decision has not been issued. The Court will also set a pretrial hearing date below. Accordingly, NOW THEREFORE IT IS HEREBY ORDERED, that the Court will proceed with the bench trial on the inequitable conduct issue on March 21, 2011, even if the Therasense decision has not been issued.
Order - 1
IT IS FURTHER ORDERED, that a telephonic pretrial conference shall be held on March 16, 2011, at 10:30 a.m. Plaintiff's counsel shall initiate the call either by operator (the Court can be reached at 208-334-9025) or by call-in number. Any call-in number should be communicated to Law Clerk Dave Metcalf at firstname.lastname@example.org.
DATED: February 25, 2011
B. LYNN WINMILL Chief Judge United States District Court
Order - 2
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