ASTECH INTERNATIONAL, LLC et al v. HUSICK et al

Filing 41

MEMORANDUM AND/OR OPINION ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS AS OUTLINED; DEFENDANTS MOTION IS DENIED AND THIS CASE SHALL BE HELD IN ABEYANCE; ETC.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 12/18/2009. 12/18/2009 ENTERED AND COPIES E-MAILED TO COUNSEL.(tomg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ASTECH INTERNATIONAL, LLC, et al. v. LAWRENCE A. HUSICK, ESQUIRE, et al. : : : : : : CIVIL ACTION NO. 07- 5241

ORDER AND NOW, this 18th day of December 2009, upon consideration of defendants' motion for summary judgment and plaintiffs' response, it is ORDERED that defendants' motion is GRANTED and judgment is ENTERED in favor of defendants and against plaintiffs in the following respects: (1) with regard to all tort claims arising out of actions which occurred on or before December 15, 2005; and (2) with regard to all claims arising out of the allegedly unprofessional prosecution of the livestock identification invention patent application. In all other respects, defendants' motion is DENIED. It is FURTHER ORDERED that this case be HELD IN ABEYANCE until the United States Patent and Trademark Office issues an unequivocally final decision on the on muzzle patent application. The parties shall notify the Court when such decision is issued. In light of the uncertainty about when the USPTO will issue its final decision and the fact that the trial issues appear to be complicated and highly technical in nature, I strongly recommend that the parties engage in a settlement conference before Magistrate Judge L. Felipe Restrepo. If the parties believe that a such a conference would be productive, they should notify

my Chambers (215-597-2750) promptly.

/s/ THOMAS N. O'NEILL, JR. THOMAS N. O'NEILL, JR., J.