CSB-SYSTEM INTERNATIONAL INC. v. SAP AMERICA, INC.

Filing 144

ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OF NO UNCLEAN HANDS IS DENIED AS MOOT IN LIGHT OF DEFENDANT'S WITHDRAWAL OF DEFENSE. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT IS GRANTED. PLAINTIFF'S MOTION TO STRIKE IS DENIED AS MOOT. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/9/12. 5/10/12 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CSB-SYSTEM INTERNATIONAL INC.,
Plaintiff/Counterclaim Defendant,
v.
SAP AMERICA, INC.,
Defendant/Counterclaim Plaintiff.

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CIVIL ACTION

NO. 10-2156

ORDER
AND NOW, this 9th day of May, 2012, upon consideration of Plaintiff CSB-System
International Inc.’s Motion for Summary Judgment of No Inequitable Conduct and No Unclean
Hands (Docket No. 87), Defendant SAP America, Inc.’s Response (Docket No. 99), Plaintiff’s
Combined Motion to Strike and Reply in Support of Motion for Summary Judgment (Docket No.
118), Defendant’s Opposition to CSB’s Motion to Strike (Docket No. 123), and Plaintiff’s Reply in
Support of Its Motion to Strike (Docket No. 126), it is hereby ORDERED as follows:
1.

Plaintiff’s Motion for Summary Judgment of No Unclean Hands is DENIED AS
MOOT in light of Defendant’s withdrawal of this defense. Defendant shall be
precluded from relying on this defense at trial in this action, but this ruling shall have
no preclusive effect beyond the confines of this case.

2.

Plaintiff’s Motion for Summary Judgment of No Inequitable Conduct is GRANTED
both as to (1) Defendant’s theory of inequitable conduct based on the actions of
Gottfried Thomas, Ulrich Mergemann, Peter Schimitzek, and Michael Striker; and (2)
Defendant’s theory of inequitable conduct based on the actions of Peter Haussingen.

3.

Plaintiff’s Motion to Strike is DENIED AS MOOT.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.