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Southco, Inc. v. Fivetech Technology, Inc.

United States District Court, E.D. Pennsylvania

May 15, 2017

SOUTHCO, INC., Plaintiff/Counterclaim Defendant,
v.
FIVETECH TECHNOLOGY, INC., Defendant/Counterclaimant.

          ORDER

          MITCHELL S. GOLDBERG, J.

         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) proposed stipulations.

         2. 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:

(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 ...

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