Hypertherm, Inc. v. American Torch Tip Company

Filing 335

ORDER granting 309 Motion for Leave to File Reply to Plaintiff's Objection to Defendant's Motion to Reconsider Court's Order of 7/24/08. Plaintiff to file memo within 10 days. Hypertherm is granted leave to file a surreply. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Hypertherm, Inc. v. American Torch Tip Company ORDER American Torch Tip Company ("ATTC") moves for leave to file a reply to Hypertherm, Inc.'s objection to ATTC's motion to reconsider the court's order issued on July 24, 2008. In the Civil No. 05-cv-373-JD

July 24 order, the court granted partial summary judgment in Hypertherm's favor on ATTC's invalidity defenses as to two patents and on infringement by prior versions of accused products. ATTC moved for reconsideration of summary judgment on

infringement by prior versions and asks the court to preserve certain invalidity defenses. Hypertherm filed an objection to

ATTC's motion for reconsideration, arguing that ATTC failed to satisfy the standard for reconsideration, pointing out the corrected list of prior versions of accused parts, and contending that no clarification to preserve defenses was necessary. In support of its motion for leave to file a reply, ATTC charges that Hypertherm has raised new factual assertions and

legal arguments in its objection to ATTC's motion for reconsideration. ATTC does not identify, however, what new facts Hypertherm objects to ATTC's motion

and theories are presented.

for leave to file a reply on the ground that additional briefing on the issues is not necessary and that the proposed reply includes factual and legal errors. Hypertherm asserts that if

leave were granted to file the reply, it would seek leave to file a surreply. ATTC is granted leave to file the reply, although granting leave does not suggest that the court will consider any argument or evidence presented in the reply or in the motion for reconsideration that is beyond the scope of a motion for reconsideration. Hypertherm is granted leave to file a surreply.

Conclusion For the foregoing reasons, the defendant's motion for leave to file a reply (document no. 309) is granted. The plaintiff is

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granted leave to file a surreply within ten days of the date of this order.

SO ORDERED. ____________________________ Joseph A. DiClerico, Jr. United States District Judge October 16, 2008 cc: Jill C. Anderson, Esquire Jacob K. Baron, Esquire Steven M. Bauer, Esquire Lucas M. Blower, Esquire Seth M. Cannon, Esquire Joseph A. Capraro, Jr., Esquire Jeffery M. Cross, Esquire Joseph T. Dattilo, Esquire Ami D. Gandhi, Esquire Maia H. Harris, Esquire Marc H. Kallish, Esquire Rhett R. Krulla, Esquire Jonathan A. Lax, Esquire Richard C. Nelson, Esquire W. Scott O'Connell, Esquire Jeremy P. Oczek, Esquire Richard D. Rochford, Jr., Esquire David W. Ruoff, Esquire John M. Skeriotis, Esquire Benjamin M. Stern, Esquire Wayne Tang, Esquire

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