Opinion
Civil Action No. 3:09-cv-00255
01-06-2012
AIA ENGINEERING LIMITED, Plaintiff and Counter-Defendant, v. MAGOTTEAUX INTERNATIONAL S/A and MAGOTTEAUX, INC., Defendants/Counterclaim Plaintiffs. MAGOTTEAUX INTERNATIONAL S/A and MAGOTTEAUX, INC., Third Party Plaintiffs, v. VEGA INDUSTRIES, LTD., INC., Third Party Defendant.
Judge , Jr.
MOTION TO REOPEN DISCOVERY
Defendants, counterclaim plaintiffs and third party plaintiffs, Magotteaux International S/A and Magotteaux, Inc. (collectively, "Magotteaux"), respectfully move to reopen discovery in this action. As grounds for this motion Magotteaux states as follows.
1. On October 11, 2011, the United States Court of Appeals for the Federal Circuit reversed this Court's grant of summary judgment of invalidity of U.S. Patent No. RE39,998 (the "RE'998 patent") under 35 U.S.C. § 251 and remanded this action for further proceedings. (Docket Entry Nos. 184, 184-1). Up until this Court's summary judgment ruling of September 3, 2010 (Docket Entry Nos. 169, 170), the parties had been proceeding under this Court's First