Monsanto Company v. E.I. Dupont De Nemours and Company et al

Filing 550

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Monsanto's Motion for Partial Summary Judgment of Infringement of Claims 116, 119, 122 and 125 of the '247 Patent [doc. #94] is DENIED, with leave to re-file following the completion of discov ery. IT IS FURTHER ORDERED that Defendants' Motion for Continuance and Discovery pursuant to Fed. R. Civ. P. 56(e) [doc. #107] is DENIED, as moot. IT IS FURTHER ORDERED that Defendants' Motion for Partial Summary Judgment of Invalidity for Improperly Broadened Reissue Claims [doc. #215] is DENIED, with leave to refile following the completion of discovery. IT IS FURTHER ORDERED that Defendants Motion to Extend Date to Disclose Opinions of Counsel [doc. #319] is GRANTED. Defendants shal l make the relevant disclosures, to the extent Defendants elect to do so, no later than February 20, 2011. IT IS FURTHER ORDERED that Defendants' Motion to Bifurcate and Stay Discovery with respect to Willful Infringement pursuant to Fed. R. Civ . P. 42(b) [doc. #328] is DENIED. IT IS FURTHER ORDERED that Monsanto's Motion to Dismiss Certain Antitrust, Patent and Contract Counterclaims and/or Strike Certain Patent and Contract Affirmative Defenses [doc. #334] is DENIED. IT IS FURTHER OR DERED that Monsanto's Motion for Extension of Time [doc.#337] is GRANTED. Monsanto shall file its Answer to Defendants Second Amended Answer and Counterclaims no later than February 20, 2011. IT IS FURTHER ORDERED that Monsantos Motion to Confir m Defendants Electionnot to Rely on the Advice of Counsel to Defend against Willful Infringement [doc. #399] is DENIED, as moot. IT IS FURTHER ORDERED that Defendants' Motion to Modify the November 2, 2010 Markman Memorandum and Order [doc. #447 ] is DENIED. IT IS FURTHER ORDERED that Defendants' Motion for Leave to File a Surreply in Opposition to Monsanto's Motion to Dismiss Certain Antitrust or Patent Counterclaims and/or to Strike Certain Patent Affirmative Defenses [doc. #477] is DENIED, as moot. Signed by Honorable E. Richard Webber on January 31, 2011. (MGK)