UTStarcom, Inc. v. Starent Networks, Corp., No. 07 C 2582, Min. Order (N.D. Ill. Aug. 16, 2007) (Lindberg, J.).
Judge Lindberg denied defendants’ motion to dismiss plaintiff’s state law claims and its claim seeking assignment of defendants’ patents to plaintiffs. The Court held that the claim seeking assignment of defendants patents to plaintiff was an invalidity contention. Plaintiff claimed that it had invented defendants’ patented inventions before defendants. While plaintiff did not use the correct terms, it met the notice pleading standards. Additionally, plaintiff’s state law trade secret and tortious interference claims were sufficiently related to the patent claims to come within the Court’s supplemental jurisdiction.
The Court refused to consider plaintiff’s requests for additional discovery because it was made orally in court and in plaintiff’s responsive pleading, but never as a written motion as required by Fed. R. Civ. P. 7(b)(1).

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Rosenthal Collins Group, LLC v. Trading Techs. Int’l, Inc., No. 05 C 4088, 2007 WL 844610 (N.D. Ill. Mar. 14, 2007) (Moran, Sen. J.).*

Judge Moran denied in part and granted in part declaratory judgment defendant Trading Technologies’ ("TT") Rule 37 motion for sanctions.  The Court held that declaratory judgment plaintiff Rosenthal Collins Group’s ("RCG")

Konvin Assocs. V. Extech/Exterior Techs., No. 04 C 2544, 2006 WL 2460589 (N.D. Ill. Aug. 21, 2006) (Kennelly, J.).

In this opinion, Judge Kennelly ruled on opposing summary judgment motions arguing invalidity and infringement issues.  As an initial matter, the Court refused to exclude opposing expert affidavits despite the fact that neither expert was disclosed as required by Rule 26(a)(2)(A).  The Court held that Rule 37(c) does not allow striking evidence based upon Rule 26(a) violations where the violation is harmless.  Because neither party argued that they were harmed by the failure to disclose the experts, the Court refused to exclude the expert affidavits.  The Court went on to deal with numerous invalidity and infringement issues, but I will focus on one more expert testimony issue.


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