Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc. et al

Filing 425

MEMORANDUM Opinion and Order. Signed by the Honorable Rebecca R. Pallmeyer on 9/30/2018. Mailed notice. (lw, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SUNOCO PARTNERS MARKETING & TERMINALS L.P., Plaintiff, v. U.S. VENTURE, INC., U.S. OIL, and TECHNICS, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. 15 C 8178 Judge Rebecca R. Pallmeyer ORDER For reasons set forth explained in an opinion to be issued before October 5, Plaintiff Sunoco’s motion for partial summary judgment [354] is granted. Defendant U.S. Venture’s cross motion for partial summary judgment [363] is granted in part, insofar as Venture’s systems using Venture’s own software and Technics’ “Not First Pass” software do not infringe claim 1 of the ‘671 patent. The motion is otherwise denied. Defendants' motion to seal certain documents designated as confidential under the terms of the protective order [406] is granted. As both parties have cited the testimony of Norman Goddard on source code issues, Defendants’ motion to exclude that testimony [272] is stricken as moot. Defendants’ motion to bifurcate and motion to strike the expert disclosure of Rick Rys are trial motions whose disposition may be affected by the court’s summary judgment rulings. Accordingly, those motions [268, 377] are stricken without prejudice. ENTER: Dated: September 30, 2018 _________________________________________ REBECCA R. PALLMEYER United States District Judge

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