Polyzen, Inc. v. Radiadyne, LLC

Filing 88

ORDER granting 42 Motion to Amend Complaint, denying 43 Motion to Consolidate Cases, 50 Motion for Preliminary Injunction withdrawn, denying 65 Motion for Partial Summary Judgment, and denying 72 Motion for Summary Judgment. Counsel should read the order in its entirety for additional information and deadlines. Signed by Chief Judge James C. Dever III on 10/31/2013. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:11-CV-662-D

POLYZEN, INC.,
Plaintiff,
v.
RADIADYNE, LLC,
Defendant.

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ORDER

October 30, 2013, the court held a hearing on pending motions. As discussed in open court
and incorporated herein by reference, the court made the following rulings:

1.

Polyzen, Inc.'s motion for leave to file a first amended complaint [D.E. 42] is

GRANTED. Polyzen, Inc. shall file its first amended complaint no later than November 6, 2013.
RadiaDyne, LLC shall respond in accordance with the Federal Rules of Civil Procedure.
2. Polyzen, Inc.'s motion to consolidate [D.E. 43] is DENIED.
3. RadiaDyne, LLC's motion for partial summary judgment on inventorship [D.E. 65] and
Polyzen, Inc.'s cross-motion for partial summary judgment on inventorship [D.E. 72] are DENIED.
4. The court GRANTED the joint motion for a claims construction hearing [D.E. 71]. At
the conclusion of the hearing, the court concluded that the terms "medical balloon device", "first
material", "second material", "a second edge joined to the first edge", "third material", and "a third
edge joined to the second edge" are terms composed of common English words which do not have
different technical meanings to persons of ordinary skill in the art. See, e.g., Phillips v. A WH Corp.,
415 F.3d 1303, 1312-18 (Fed. Cir. 2005) (en bane); Interactive Gift Express. Inc. v. Compuserve
Inc., 256 F.3d 1323, 1331-33 (Fed. Cir. 2001) (en bane).

5. The parties shall confer on a proposed trial date and submit any suggestions concerning
the remaining schedule no later than November 6, 2013.
6. Polyzen, Inc. withdrew its motion for a preliminary injunction [D.E. 50].
SO ORDERED. This .J.l day of October 2013.

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