PSN Illinois, LLC v. Ivoclar Vivadent, Inc., No. 04 C 7232, 2006 WL 3523760 (N.D. Ill. Dec. 7, 2006) (Kendall, J.).
Judge Kendall denied plaintiff’s Fed. R. Civ. P. 59 motion for reconsideration of the Court’s prior ruling (discussed in the Blog’s archives) construing the claims of the patent at issue and granting summary judgment of noninfringement on behalf of defendant Ivoclar Vivadent, Inc. ("Ivoclar"). The Court denied plaintiff’s motion for reconsideration because it considered each of plaintiff’s reconsideration arguments in its original Opinion granting summary judgment. But the Court spent some time on one of plaintiff’s claim construction arguments regarding a patent related to porcelain veneers. On reconsideration, plaintiff argued for a different construction of "ready for mounting." In its original papers plaintiff did not argue for the proposed construction, although it did propose it in its Local Rule 56.1 Additional Statement of Material Facts. The Court held that because claim construction is a matter of law, proposed constructions are not material facts and, therefore, cannot be put in LR 56.1 statements. The Court noted its obligation pursuant to LR 56.1 to disregard legal arguments and conclusions placed in statements of fact. The Court did, however, go on to consider plaintiff’s construction and explain why the Court’s original construction was correct.
Practice tip: Think carefully about what goes into your LR 56.1 statements of material fact. Do not put arguments in your statements of fact. And by all means, do not put arguments in your statements of fact and then omit those arguments from your brief. The Court will disregard them, and you will be out of luck.