SOUTHCO, INC. v. FIVETECH TECHNOLOGY INC.

Filing 324

MEMORANDUM AND ORDER THAT FIVETECH'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF SOUTHCO'S U.S. PATENT NO. 6,468,012 [#302] IS DENIED; SOUTHCO'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT [#304] IS DENIED; SOUTHCO'S MOTI ON TO STRIKE FIVETECH TECHNOLOGY'S CROSS-MOTION FOR SUMMARY JUDGMENT OF NO INFRINGEMENT OF U.S. PATENT NO. 6,468,012 AND INVALIDITY OF CLAIM 7 FOR INDEFINITENESS [#311] IS GRANTED. FIVETECH'S CROSS MOTION FOR SUMMARY JUDGMENT OF NO INFRINGE MENT OF SOUTHCO'S U.S. PATENT NO. 6,648,012 AND FOR INVALIDITY OF CLAIM 7 FOR INDEFINITENESS [#390] IS STRICKEN. SOUTHCO'S REQUEST FOR ORAL ARGUMENT 314 IS DENIED. IT IS FURTHER ORDERED THAT NO LATER THAN TUESDAY, 12/5/17, THE PARTIES SHA LL FILE THEIR PRE-TRIAL MEMORANDA AND MOTIONS IN LIMINE. A FINAL PRE-TRIAL CONFERENCE WILL BE HELD ON TUESDAY, 1/23/18 AT 2:30 PM IN CHAMBERS. THIS CASE WILL BE LISTED FOR TRIAL ON MONDAY, 2/5/18 AT 9:00 AM IN A COURTROOM TO BE ASSIGNED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/15/17. 5/15/17 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
:
SOUTHCO, INC.,
:
CIVIL ACTION
:
Plaintiff / Counterclaim Defendant,
:
:
v.
:
No. 10-1060
:
FIVETECH TECHNOLOGY, INC.,
:
:
Defendant / Counterclaimant.
:
______________________________________ :
ORDER
AND NOW, this 15th day of May, 2017, upon consideration of Fivetech’s “Motion for
Summary Judgment of Invalidity of Southco’s U.S. Patent No. 6,468,012” (Doc. No. 302);
Southco’s “Motion for Partial Summary Judgment of Infringement” (Doc. No. 304); Fivetech’s
“Cross Motion for Summary Judgment of No Infringement of Southco’s U.S. Patent No.
6,648,012 and for Invalidity of Claim 7 for Indefiniteness” (Doc. No. 309); and Southco’s
“Motion to Strike Fivetech Technology’s Cross-Motion for Summary Judgment of No
Infringement of U.S. Patent No. 6,468,012 and Invalidity of Claim 7 for Indefiniteness” (Doc.
No. 311), and all respective responses and replies, and for the reasons set forth in this Court’s
accompanying Memorandum Opinion, it is hereby ORDERED that:
-

Fivetech’s Motion for Summary Judgment of Invalidity of Southco’s U.S. Patent No.
6,468,012 (Doc. No. 302) is DENIED;

-

Southco’s Motion for Partial Summary Judgment of Infringement (Doc. No. 304) is
DENIED;

-

Southco’s Motion to Strike Fivetech Technology’s Cross-Motion for Summary Judgment
of No Infringement of U.S. Patent No. 6,468,012 and Invalidity of Claim 7 for

Indefiniteness (Doc. No. 311) is GRANTED. Fivetech’s Cross Motion for Summary
Judgment of No Infringement of Southco’s U.S. Patent No. 6,648,012 and for Invalidity
of Claim 7 for Indefiniteness (Doc. No. 309) is STRICKEN;
-

Pursuant to Federal Rule of Civil Procedure 16(f)(1)(C) and (f)(2), and for the reasons set
forth in this Court’s accompanying Memorandum Opinion, Southco shall submit a
request for reasonable attorneys’ fees incurred in preparing its Motion to Strike.
Southco’s request shall be supported by an affidavit and/or supporting documentary
evidence. Southco’s request must be limited to those reasonable fees incurred solely in
preparation of its Motion to Strike. It shall not request any fees incurred in connection
with any reply, response, and/or other motion. Southco’s request for attorneys’ fees shall
be submitted within fourteen (14) days from the date of this Order;

-

Southco’s request for oral argument (Doc. No. 314) is DENIED.

IT IS FURTHER ORDERED that:
1.

On or before Tuesday, November 14, 2017, counsel for each party shall serve
upon counsel for every other party:
(a)

a copy of each exhibit the party expects to offer at trial, together with an
index of all trial exhibits; and

(b)
2.

proposed stipulations.

No later than Tuesday, December 5, 2017, the parties shall file their pre-trial
memoranda and motions in limine. The pretrial memoranda shall be prepared in
conformance with Local Rule of Civil Procedure 16.1(c), and shall also include
the following information:

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(a)

the identity of each fact witness, liability and damages, to be called at trial
with a brief statement of the nature of the expected testimony (witnesses
not listed may not be called by that party in its case-in-chief);

(b)

the identity of each expert witness to be called at trial with a brief
statement of each opinion to be offered by the expert;

(c)

designation of videotaped trial testimony and deposition testimony to be
offered at trial;

(d)

a list of each item of monetary damages claimed, including, as
appropriate, computations of lost earnings and loss of future earning
capacity, medical expenses, property damages, and any other economic
loss; or, if relief other than monetary damages is sought, information
adequate for framing an order granting the relief sought;

(e)

stipulations, if any;

(f)

objections to and the grounds for the objections to the admissibility of any
item of evidence including exhibits expected to be offered by another
party;

(g)

any party objecting to deposition testimony shall file the objections,
setting forth the page and line numbers of the challenged testimony and a
clear statement for the basis for each objection. The objecting party must
provide the Court with a copy of the portions of the deposition transcript
with the challenged testimony highlighted; and

(h)

a statement of any anticipated legal issues on which the Court will be
required to rule.

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3.

Responses to motions in limine, if any, shall be filed no later than Tuesday,
December 19, 2017.

4.

No later than Tuesday, January 9, 2018, the parties shall file joint proposed jury
instructions on substantive issues and proposed verdict forms or special
interrogatories to the jury. Each party also shall file proposed jury instructions,
verdict forms or special interrogatories on those issues not agreed upon by the
parties. Each jury instruction shall be submitted on a separate sheet of paper,
double-spaced, with references to citations and pattern jury instructions where
appropriate.

5.

Prior to the final pre-trial conference, counsel shall confer regarding stipulations
and exhibits. Counsel shall resolve, if possible, objections to exhibits and
witnesses.

13.

A final pre-trial conference will be held on Tuesday, January 23, 2018 at 2:30
p.m. in Chambers. Counsel shall supply the Court with a tabbed exhibit binder
and exhibit index. Additional binders shall also be prepared for the Deputy Clerk
and for use with witnesses.

14.

At the final pre-trial conference, counsel shall be prepared to argue pending
motions in limine and objections to witnesses and exhibits.

15.

This case will be listed for trial on Monday, February 5, 2018 at 9:00 a.m., in a
Courtroom to be assigned. Counsel and all parties shall be prepared to commence
trial on that date. All counsel are attached for trial.

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BY THE COURT:
/s/ Mitchell S. Goldberg
____________________________
MITCHELL S. GOLDBERG, J.

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