RESPIRONICS, INC., et al v. INVACARE CORP., et al

Filing 378

MEMORANDUM and ORDER denying 364 Motion to Exclude the expert report of Jeffrey Orth, denying 360 Motion to Strike the declaration of Dr. Younes, denying 352 Motion for Summary Judgment and 356 Motion for Summary Judgment without prejudice an d denying as moot 376 Motion to Strike; Expert discovery is reopened for sixty (60) days, limited to the issues raised in the New Younes Declaration; No new expert witnesses shall be identified during this time period; Thirty (30) days following th e close of expert discovery, parties shall file any renewed motions for summary judgment on the issue of invalidity and any renewed motions for summary judgment on the issue of infringement;Any responses shall be due thirty (30) days thereafter. Any reply to a response shall be due fifteen (15) days thereafter; No further briefing will be accepted by the court, nor will any motions for leave to file further briefs be entertained; Parties are further advised that when filing documents under seal, they must include the title or a description of the document in the docket entry; If a party believes that the title of a document is itself confidential, it must so advise the court by motion. Signed by Judge Gary L. Lancaster on 9/18/09. (map)