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Cornell University v. Hewlett-Packard Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 25, 2006

CORNELL UNIVERSITY, A NONPROFIT NEW YORK CORPORATION, AND CORNELL RESEARCH FOUNDATION, INC., A NONPROFIT NEW YORK CORPORATION, PLAINTIFFS, V HEWLETT-PACKARD COMPANY, A DELAWARE CORPORATION, DEFENDANT.
HEWLETT-PACKARD COMPANY, A DELAWARE CORPORATION, COUNTERCLAIMANT,
v.
CORNELL UNIVERSITY, A NONPROFIT NEW YORK CORPORATION, AND CORNELL RESEARCH FOUNDATION, INC., A NONPROFIT NEW YORK CORPORATION, COUNTERDEFENDANTS.

The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief U.S. District Judge:

MEMORANDUM-DECISION AND ORDER

On July 14, 2006, defendant moved (Dkt. No. 653) for bifurcation of the trial in this patent infringement action and an expedited bench trial on the issue of unenforceability of the subject patent, based on defendant's defense of inequitable conduct. The motion was referred to United States Magistrate Judge David E. Peebles for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c).

On August 15, 2006, Magistrate Judge Peebles issued a Report and Recommendation (Dkt. No. 672) recommending that the motion be denied. Defendant has filed objections (Dkt. No. 677) to the Report and Recommendation; plaintiffs have responded (Dkt. No. 682).

Upon de novo review of the motion papers, the Report and Recommendation, defendant's objections, and plaintiffs' response, see 28 U.S.C. § 636(b)(1)(C), the Court accepts and adopts the Report and Recommendation in its entirety.

It is therefore

ORDERED that the Report and Recommendation (Dkt. No. 672) is accepted and adopted in its entirety; and it is further

ORDERED that defendant's motion (Dkt. No. 653) for bifurcation of the trial and an expedited bench trial on the issue of unenforceability of the subject patent, based on defendant's defense of inequitable conduct, is denied.

IT IS SO ORDERED. September 25, 2006 Syracuse, New York

20060925

© 1992-2006 VersusLaw Inc.



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