Pentair Water Pool and Spa, Inc. et al v. Hayward Industries, Inc. et al

Filing 152

ORDER denying 125 Motion for Reconsideration. The parties are directed to begin discussing alternative dates after September 2012, for their Markman hearing on claim construction. They are DIRECTED to confer and to submit a joint statement of proposed agreed dates for the court's consideration on or before July 2, 2012. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 4/3/2012. (Edwards, S.)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROUNA

WESTERN DMSION

NO.5:11-CV-459- F

PENTAIR WATER POOL AND SPA, INC.; )
)
and DANFOSS DRIVES A/S,
Plaintiffs,
)
v.

HAYWARD INDUSTRIES, INC.; and
HAYWARD POOL PRODUCTS, INC.,
Defendants.

)
)
)
)
)
)

ORDER

This matter is before the court on Pentair's "Rule 54(b) Motion for Reconsideration of
Tentative Ruling Denying Preliminary Injunction" [DE-125]. Hayward has responded in
opposition [DE-137], and Pentair filed a reply [DE-144].
The court remains convinced that its findings and conclusions set forth in the order of
January 23, 2012 [DE-119] were correct when entered. Pentair has pointed to no intervening
change in controlling law, additional evidence not previously available, or ground on which this
court perceives clear error or manifest injustice. See Akeva L.L.C. v. Adidas America, Inc., 385
F. Supp.2d 559, 565 (M.D.N.C. 2005). Pentair's Motion for Reconsideration [DE-125"l is
DENIED.
The parties are directed to begin discussing alternative dates after September 2012, for
their Markman hearing on claim construction. They are DIRECTED to confer and to submit a
joint statement of proposed agreed dates for the court's consideration on or before July 2,
2012.

SO 0 RDERED. This the .,

.f..

day of April,

2012.