SOUTHCO, INC. v. FIVETECH TECHNOLOGY INC.

Filing 195

MEMORANDUM AND ORDER THAT FIVETECH TECHNOLOGY, INC.'S MOTION TO STRIKE IS DENIED. DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED. JUDGMENT IS HEREBY ENTERED IN FAVOR OF THE ABOVE-NAMED DEFENDANT AND AGAINST THE PLAINTIFF ON THESE CLAIMS. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/23/12. 3/23/12 ENTERED AND E-MAILED.(fdc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SOUTHCO, INC. v. FIVETECH TECHNOLOGY INC. : : : : : CIVIL ACTION NO. 10-1060 ORDER AND NOW, this 23rd day of March, 2012, for the reasons stated in a memorandum of law bearing today’s date, IT IS HEREBY ORDERED THAT: 1. Upon consideration of the defendant’s Objections and Motion to Strike Exhibits N and O From the Declaration of Antranig Baronian, the Declaration of Paul Soldo, and Portions of the Declaration of John D. Pratt, Ph.D., P.E. in Support of Southco, Inc.’s Opposition to Fivetech Technology Inc.’s Motion (Docket No. 159), the opposition and reply thereto, and following oral argument on February 28, 2012, this motion is DENIED. 2. Upon consideration of the defendant’s Motion for Partial Summary Judgment of Non-Infringement of Claims 16 and 17 of U.S. Patent No. 5,851,095 (Docket No. 141), the opposition and reply thereto, and following oral argument held on February 28, 2012, this motion is GRANTED. Judgment is hereby ENTERED in favor of the above-named defendant and against the plaintiff on these claims. BY THE COURT: /s/ Mary A. McLaughlin MARY A. McLAUGHLIN, J. -2-

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