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Chief Judge Stark on the High Standard for Reargument

Chief Judge Stark recently denied cross-motions for reargument or reconsideration of the Court’s order finding certain claims of the patents-in-suit infringed and certain claims not infringed. Judge Stark denied the Defendants’ motion because “the Court did not misunderstand [Defendant’s] argument, but instead rejected it” and denied Plaintiff’s motion because the clarification Plaintiff had requested was unnecessary. Thus, neither of the parties had met the “heavy burden” of showing that “the Court has patently misunderstood a party, made a decision outside the adversarial issues presented by the parties, or made an error not of reasoning but of apprehension.” Masimo Corp. v. Philips Elec. N. Am. Corp., C.A. No. 09-80-LPS-MPT, Memo. Order at 2-3 (D. Del. July 2, 2014).

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