In S.O.I.TEC Silicon on Insulator Technologies, S.A. v. MEMC Electronic Materials, Inc., C.A. No. 08-292-SLR (D. Del. July 13, 2011), Judge Robinson decided several post-trial motions, including the defendant’s motion for reargument on inequitable conduct. Id. Although the defendant “was scheduled to present its inequitable conduct case to the court following the jury trial[,]” it “did not subpoena any witnesses to call at the bench trial[,]” claiming that its only two witnesses “were adverse and outside of the court’s subpoena power.” Id. at 10-11. Rather, the defendant “sought to proceed . . . by tendering a box of exhibits and an exhibit list to the court[.]” Id. at 11. The defendant “argued that the court’s holding on summary judgment was that [the defendant] had adduced facts from which an intent to deceive could be inferred . . . , and argues post-trial that the law of the case doctrine dictates that the court’s summary judgment holding should not have been disturbed.” Id. Judge Robinson rejected this argument for two reasons. First, “the court’s finding the existence of a genuine issue of material fact on intent is not akin to the court’s ruling in [the defendant’s] favor on that issue.” Id. Second, noting the Court’s long-standing guidelines regarding admission of documents and deposition excerpts, Judge Robinson stated that the Court “determined that judgment should be entered in favor of [the plaintiff] because [the defendant] could not move the entry of any evidence absent the aid of witnesses.” Id. at 11-12. In short, the defendant “did not seek to participate in a live trial, rather, it simply sought judgment on its proffered box of documents.” Id. at 12.
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