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Judge Robinson stays remaining declaratory judgment claim pending appeal of the court’s summary judgment decisions

Judge Robinson recently considered the parties’ briefing in connection with submission of the final judgment, staying defendant’s declaratory judgment claim of non-infringement for the remaining claim at issue pending appeal.  Quest Integrity USA, LLC v. Cokebusters USA Inc., No. 14-1483-SLR (D. Del. Jun. 30, 2017).  Judge Robinson previously denied defendants’ motions for summary judgment as to invalidity and non-infringement, but upon a motion for reconsideration, granted defendant’s motion as to invalidity.  Id.at 1-2.  At the pretrial conference, the parties indicated they preferred not to go to trial on the remaining issues, instead appealing the Court’s summary judgment rulings, but the parties could not agree to a form of judgment.  Id.at 2-3.  Judge Robinson bifurcated and stayed non-infringement of the remaining claim at issue, but indicated that the appeal should include non-infringement of the other claim (as well as invalidity).  Id. at 3-4.  Judge Robinson ordered the parties to submit a final judgment consistent with those rulings.

Quest Integrity USA, LLC v. Cokebusters USA Inc., No. 14-1483-SLR (D. Del. June 30, 2017)

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