Thorne Research et al v. Atlantic Pro-Nutrients

Filing 151

MEMORANDUM DECISION AND ORDER Overruling 142 and 143 Objections to Magistrate Judge's Order 139 ; and Ordering that motions for summary judgment on infringement and patent invalidity shall be filed by June 6, 2016. Signed by Judge Ted Stewart on 5/9/2016. (eat)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
THORNE RESEARCH, INC. and
SOFTGEL FORMULATORS, INC.,

MEMORANDUM DECISION AND
ORDER OVERRULING OBJECTIONS TO
MAGISTRATE JUDGE’S ORDER

Plaintiffs,
v.

Case No. 2:13-CV-784 TS

XYMOGEN, INC.,

District Judge Ted Stewart

Defendant.

This matter is before the Court on Plaintiffs’ Partial Objection to Magistrate Judge
Warner’s Memorandum Decision and Order Dated March 22, 2016 and Defendant’s Objections
to Magistrate Judge Warner’s Order Denying XYMOGEN’S Motion for Leave to Amend or
Supplement Invalidity Contentions.
Under 28 U.S.C. § 636(b)(1)(A) and Rule 72(a) of the Federal Rules of Civil Procedure,
the Court reviews a Magistrate Judge’s orders on nondispositive matters under a clearly
erroneous or contrary to law standard. 1 “The clearly erroneous standard . . . requires that the
reviewing court affirm unless it ‘on the entire evidence is left with the definite and firm
conviction that a mistake has been committed.’” 2
The Court has carefully reviewed the Magistrate Judge’s Order, the parties’ objections
thereto, the underlying briefing, and the relevant case law. The Court also conducted an in
camera review of the document designated XYMOGEN_238-242. Having done so, the Court
1

28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a).

2

Ocelot Oil Corp. v. Sparrow Indus., 847 F.2d 1458, 1464 (10th Cir. 1988) (quoting
United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948)).

1

cannot conclude that the Magistrate Judge’s decision was clearly erroneous or contrary to law. It
is therefore
ORDERED that the parties’ objections (Docket Nos. 142 and 143) are OVERRULED. It
is further
ORDERED that motions for summary judgment on infringement and patent invalidity
shall be filed by June 6, 2016.
DATED this 9th day of May, 2016.
BY THE COURT:

Ted Stewart
United States District Judge

2