KAPUSTA v. GALE CORP.

No. Civ. S-03-1232 LKK.

457 F.Supp.2d 1051 (2006)

Joseph V. KAPUSTA, Plaintiff, v. GALE CORPORATION, Defendant.

United States District Court, E.D. California.

October 13, 2006.


Attorney(s) appearing for the Case

Chris Gibson, Boutin Dentino Gibson Di Giusto Hodell, Inc., Sacramento, CA, David Aldrich, Saint Onge Steward Johnston and Reens, Stamford, CT, Gene Winter—Pro Hac Vice, Steven Simonis—Pro Hac Vice, St. Onge Steward Johnston & Reens, LLC, Stamford, CT, for Plaintiff.

Kathleen E. Finnerty, Greenberg Traurig, LLP, Sacramento, CA, for Defendant.


ORDER

KARLTON, Senior District Judge.

This case is on remand from the Federal Circuit, which vacated this court's previous Claim Construction Order. Pending before the court now are plaintiffs three motions for summary judgment and defendant's motion for summary judgment. First, plaintiff argues that it is entitled to summary judgment on the issue of infringement. Second, plaintiff contends that defendant should be precluded from arguing that plaintiffs...

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