Markem-Imaje Corporation v. Zipher Ltd. et al

Filing 117

ORDER granting in part and denying in part 105 Motion for Reconsideration. So Ordered by Judge Paul J. Barbadoro. (jna)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Markem Corporation v. Zipher, Ltd. et al. ORDER Markem Corporation has filed a Renewed Motion for Reconsideration of the Court's Construction of "Spools." In the final sentence of a 36-page order focusing largely on other issues, I stated that the disputed claim should be read "to require that at least one spool rotate during the correction step, but not necessarily both spools." Markem v. Zipher, et Markem argues that Case No. 07-cv-06-PB

al., 2008 DNH 161, at 36 (D.N.H. 8/28/08).

this sentence is incorrect because it suggests that the claim term "spools" should be read to encompass devices in which only a single spool is rotated to regulate tape tension. I agree with

Markem on this point and now make clear that the term "spools" means more than one spool rather than a single spool. My ruling does not resolve the parties' related disagreement as to whether the claim requires that tape tension must be regulated by the simultaneous rotation of multiple spools. Because this issue has not been adequately briefed, I do not

express an opinion on the issue.

Instead, the parties may raise

the issue again in connection with their anticipated motions for summary judgment and I will consider the issue de novo at that time. Markem's motion for reconsideration (Doc. No. 105) is granted to the extent that it is consistent with this Order. SO ORDERED. /s/Paul Barbadoro Paul Barbadoro United States District Judge September 1, 2009 cc: Counsel of Record

-2-