Court Declines To Vacate No Willfulness Opinion And Laches/Estoppel Trial Is Scheduled

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Greatbatch Ltd. v. AVX Corporation et al., C.A. No. 13-723-LPS, December 13, 2016.

Stark, C.J. Plaintiff’s motion to vacate summary judgment of no willfulness is denied. Additional issues addressed in a status letter are resolved.

A jury trial was held January 11-26, 2016. The court previously, based on Seagate, had granted summary judgment. In light of Halo, the court revisits the issue and declines to vacate it. The record demonstrates good faith efforts to avoid infringement.

Defendant’s request to vacate the damages verdict with and retry to a different jury is denied. If the issue of willful infringement with respect to one patent-in-suit shall be bifurcated if the court decides to send the issue to the jury. The parties are to submit letter briefs regarding time needed to present remaining infringement issues, why one patent-in-suit should or should not be tried to a jury; and whether the court should reconsider its rulings regarding lawyer-as-witness issues consistent with FRE 403. A one-day bench trial for laches and estoppel issues is scheduled. A hearing is scheduled for argument on motion for summary judgment of willful infringement; entry of partial final judgment of infringement and validity, and plaintiff’s motion for sanctions.

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