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Chief Judge Stark Adopts Judge Thynge’s Recommendations in Magnetar, Enters Judgment for Defendants

In Magnetar Technologies Corp., et al. v. Six Flags Theme Parks, Inc., et al., C.A. No. 07-127-LPS (D. Del. July 29, 2014), Chief Judge Leonard P. Stark adopted a number of Magistrate Judge Thynge’s Reports and Recommendations, having heard oral argument on plaintiffs’ objections in April 2014. The Court found the asserted claim of one patent-in-suit invalid and the other patent-in-suit not infringed. As these rulings resolved the case in favor of defendants, the Court also directed that judgment be entered in their favor in this same Memorandum Order.

The Court adopted Judge Thynge’s recommendation to grant defendants’ Daubert motion to exclude plaintiffs’ infringement expert, as the expert’s report did not adequately show how each element of a claim of the patent-in-suit was satisfied (Judge Thynge’s opinion here). Id. at 5-6.

The Court also granted-in-part defendants’ motion to exclude plaintiffs’ lay opinion witness (Judge Thynge’s opinion here), rejecting plaintiffs’ argument that Judge Thynge did not have authority to address this issue because it was a “pretrial matter” going to relevance. Id. at 6 (it was proper and efficient to refer all motions to Judge Thynge, “including those requiring a determination of the relevancy of testimony”).

The Court also adopted Judge Thynge’s rulings on infringement and invalidity (linked here), granting-in-part plaintiffs’ motion for summary judgment of infringement of one claim of a patent-in-suit, but also granting defendants’ motion for summary judgment of invalidity of the same claim. The parties had requested that the Court address infringement even though the Court ruled this claim invalid. Id. at 9.

As to summary judgment on a second patent-in-suit, the Court again accepted Judge Thynge’s recommendations to grant defendants’ motion for summary judgment of non-infringement and to deny plaintiffs’ motion for infringement. Id. at 11.

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