By Memorandum Order entered by The Honorable Leonard P. Stark in Siemens Industry, Inc. v. Westinghouse Air Brake Tech. Corp. et al., Civil Action No. 16-284-LPS (D.Del. June 20, 2018), the Court denied Plaintiff Siemens Industry, Inc.’s motion asking the Court to reconsider its construction of the terms “vital” and “safety critical” provided in the Court’s Memorandum Opinion and Order dated November 6, 2017. Defendants opposed the motion. Id. at *1.

Siemens argued that “reconsideration is required to correct certain factual and legal errors in the Court’s interpretation of the intrinsic and extrinsic evidence of record that resulted in erroneous constructions.” Id. at *2. Among other things, Siemens argued that, when the Court’s constructions are substituted for “vital” and “safety critical” in the claims, the claims no longer make grammatical sense. Id. at *3.

“Pursuant to Local Rule 7.1.5, motions for reconsideration should be granted ‘sparingly.’” Id. at *1. The Court noted that motions for reconsideration may be granted only if the movant can show one of the following: (i) there has been an intervening change in controlling law; (ii) new evidence is available that was not available when the court made its decision; and (iii) there is a need to correct a clear error of law or fact to prevent manifest injustice. Id. at *2. The Court did not find any reason warranting reconsideration and, therefore, denied Siemen’s motion. Id. at *3-4.

A copy of the Memorandum Order is attached.

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