IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 9, 2012
CSB-SYSTEM INTERNATIONAL INC., PLAINTIFF/COUNTERCLAIM DEFENDANT,
SAP AMERICA, INC., DEFENDANT/COUNTERCLAIM PLAINTIFF.
The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.
AND NOW, this 9thday 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:
Ronald L. Buckwalter
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