Safco Products Co. v. Gleason Corporation et al

Filing 210

ORDER ruling that: (1) Plaintiff's motion for summary judgment [Doc. No. 161] is GRANTED IN PART (insofar as it seeks a judgment on Defendants' invalidity defenses of anticipation and obviousness and on its affirmative defenses of laches, e quitable estoppel and waiver) and DENIED IN PART (insofar as it seeks a judgment of infringement and "validity" and a judgment on Welcom's counterclaim under the Lanham Act as well as its inequitable conduct defense); (2) Plaintiff 9;s motion to exclude testimony and opinions [Doc. No. 157] is GRANTED IN PART (insofar as it seeks to exclude the opinions and testimony of Mr. Gwin) and DENIED IN PART (insofar as it seeks to exclude the opinions and testimony of Dr. Erdman); (3) a nd Welcom's motion for claim construction, summary judgment of patent invalidity, and for summary adjudication of co-inventorship [Doc. No. 166] is GRANTED IN PART (insofar as it seeks claim construction for purposes of inventorship) and DENIED IN PART (insofar as it seeks a judgment of invalidity for derivation or for failure to name the correct inventors).(Written Opinion). Signed by Judge Susan Richard Nelson on 07/01/11. (MJC)