Opinion
Civil Case No. 00-40162
October 16, 2001
ORDER DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFS
Before the Court is a Motion for Summary Judgment filed by Defendant W.R. Dougherty and Associates, Inc. on May 31, 2001 [Docket Entry 34]. Also before the Court is a Cross-Motion for Summary Judgment filed by Plaintiff Seal-Flex, Inc. on June 25, 2001 through its Response [Docket Entry 36] to Defendant's Motion.
Defendant has cited 35 U.S.C. § 102(b) and 35 U.S.C. § 273(b) in support of its Motion for Summary Judgment. Each of these statutory provisions constitutes a separate and distinct defense. However, neither party has adequately addressed the relevance and applicability of § 273(b) as distinct from § 102(b). Therefore, at this time, the Court orders Defendant and Plaintiff to file supplemental briefs on the relevance and applicability of 35 U.S.C. § 273(b) to the motions currently pending.
Accordingly, this Court being fully advised in the premises,
IT IS HEREBY ORDERED that Defendant shall file a supplemental brief, not to exceed ten (10) pages in length, addressing the relevance and applicability of 35 U.S.C. § 273(b) to Defendant's Motion for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment, within twenty-one (21) days of the entry of this Order.
IT IS FURTHER ORDERED that Plaintiff shall file a supplemental brief in response to Defendant's supplemental brief, not to exceed ten (10) pages in length, addressing the relevance and applicability of 35 U.S.C. § 273(b) to Defendant's Motion for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment, within fourteen (14) days of service of Defendant's supplemental brief.