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All claims related to United States Patent No. 6,251,920 are dismissed
with prejudice and all counterclaims related to United States Patent
No. 6,251,920 shall be and hereby are dismissed without prejudice,
with each party to bear its own costs and attorney fees. All claims
and counterclaims within Civil Action No. 03-1138-SLR are
now dismissed and that case is closed. |
All the claims related to United States Patent Nos. 6515009,
6599928, 6171609 are dismissed with prejudice, and all counter
claims related to United States Patent Nos. 6515009, 659928, 6171609
are dismissed without prejudice, with each party to bear its own
cost and attorney fees. |
Chief judge Robinson has revised the language in the patent
scheduling order regarding motions to compel and motions for
protective order. (Entered: 01/04/2007) |
It is ordered that: 1. Cordis` motion for summary judgment that the
Cypher stent does not infringe claims 33 and 40 of the `920 patent
is denied. 2. Cordis` motion for summary judgment that the Cypher
stent does not infringe claims 33 and 40 of the `920 patent is
denied. 3. Cordis` motion for summary judgment that claims 33 and 40
of the `920 patent is denied. 4. Cordis` motion for summary judgment
that claims 33 and 40 of the `920 patent is denied. |
MEMORANDUM OPINION
1. Defendant`s renewed motion for summary judgment is granted.
2. Plaintiff`s motion to exclude Dr. Sabatini`s testing evidence and
related testimony is denied.
3. Plaintiff`s motion for summary judgment on anticipation is denied. |
The disputed claim language in claim 33 and 40 of the `920 patent
shall be construed consistent with the tenets of the claim
construction set forth by the U.S. Court of Appeals for the Federal
Circuit. |