Opinion
CIVIL No.l:01CV01006
September 14, 2003
ORDER and JUDGMENT
For the reasons set forth in the memorandum opinion filed contemporaneously herewith,
IT IS ORDERED AND ADJUDGED that Defendants' motion to dismiss all claims regarding the `856 patent [Doc. #113-1] is GRANTED, and Plaintiff's claims regarding the `856 patent are DISMISSED with prejudice.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff's motion for summary judgment of invalidity and non-infringement of the `856 patent [Doc. #101-1] is DISMISSED as moot.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff's motion for summary judgment of non-infringement of the `585 and `961 patents [Doc. #104-1] is DENIED, and Plaintiff's claims concerning non-infringement of the `585 and `961 patents are DISMISSED with prejudice.
IT IS FURTHER ORDERED AND ADJUDGED that Defendants' motion for summary judgment for infringement of the `585 and `961 patents [Doc. #93-1] is GRANTED.
IT IS FURTHER ORDERED AND ADJUDGED that Defendants' motion for summary judgment in connection with Counts II and III of Plaintiff's First Amended Complaint [Doc. #98-1] is GRANTED, and Counts II and III are DISMISSED with prejudice.
IT IS FURTHER ORDERED that Defendants' motion to exclude evidence and contentions allegedly supporting Counts II and III of Plaintiff's First Amended Complaint [Doc. #90-1] and to dismiss Counts II and III [Doc. #90-2] is DENIED as moot.
IT IS FURTHER ORDERED that Defendants' motion to strike [Doc. #130-1] portions of the declarations of Byron C. Owens and Wayne Douglas Baldwin is GRANTED.
IT IS FURTHER ORDERED that Defendants' motion for immediate status conference [Doc. #165-1] is DENIED as moot.