Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:07-cv-00385-GIVIS-LPS Document 54 Filed 08/04/2008 Paget of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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FEBIT HOLDING GMBH )
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PLAINTIFF, )
)
vs. ) Civil Action N0.: 07-cv-00385-GMS-LPS
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CODON DEVICES, INC. )
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DEFENDANT. )
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PLAINTIFF FEBIT HOLDING GMBH'S MOTION FOR PARTIAL SUMMARY
JUDGMENT ON OWNERSHIP OF PATENT-IN-SUIT AND STANDING
Plaintiff febit holding GmbH ("febit holding") respectfully moves this Court, pursuant to
Fed.R.Civ.P. 56(a), for entry of partial summary judgment that febit holding owns the entire
right, title, and interest to the patent—in—suit, U.S. Patent No. 6,586,211 ("the ‘211 patent") and
has standing to bring the captioned matter. Pursuant to the Transcript of the June 9, 2008 Rule
16 Conference and the June 20, 2008 Scheduling Order, it is febit holding's understanding that
this Court invited each party to tile an appropriate motion to resolve the issue of ownership of
the ‘211 patent at this juncture rather than wait until trial. febit holding respectfully refers the
Court to its opening memorandum and the appendix of supporting exhibits tiled herewith in
support of this motion.

Case 1:07-cv-00385-GIVIS-LPS Document 54 Filed 08/04/2008 Page 2 of 3
REQUEST FOR ORAL ARGUMENT
febit holding believes that oral argument may assist the Court in reaching a decision on
the present motion and hereby respectfully requests that the Court hear oral argument on the
present motion.
WHEREFORE, Plaintiff febit holding respectfully requests that the Court grant febit
ho1ding's motion for partial summary judgment.
FEBIT HOLDING GMBH
tf K
Date: August 4, 2008 By: * A 9
P. Clarkson ollins, Jr. (#739)
Mary B. M terer (#2696)
MoRR1s J ES LLP
500 Del are Avenue, Suite 1500
Wilmin ton, Delaware 19801
3028886800
[email protected]
Mark Fox Evens
Edward J. Kessler
Byron L. Pickard
W. Blake Coblentz
STERNE, KESSLER, GOLDSTEIN & Fox PLLC
1100 New York Avenue, NW
Washington, D.C. 20005-3934
(202) 371-2600
Attorneys for Plaintmf
2

Case 1:07-cv-00385-GIVIS-LPS Document 54 Filed 08/04/2008 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
)
FEBIT HOLDING GMBH )
PLAINT IFF, g
vs. ; Civil Action No.: 07-cv-00385-GMS-LPS
CODON DEVICES, INC. i
DEFENDANT. g
)
)
ORDER
This matter having come before the Court on Plaintiff febit holding GmbH's ("febit
holding") Motion for Partial Summary Judgment on the issue of ownership of the patent—in-suit
and this Court having fully considered Plaintiffs and Defendant's legal memoranda, with
accompanying declarations and exhibits, and after fully considering the premises; it is hereby
ORDERED that Plaintiffs Motion for Partial Summary Judgment that febit holding owns
the patentain-suit, U.S. Patent No. 6,586,211 ("the ‘211 patent) is GRANTED, and it is
FURTHER ORDERED that Plaintiffs Motion for Partial Summary Judgment that febit
holding has standing to bring the captioned matter is GRANTED.
SO ORDERED.
Dated:
United States District Court Magistrate Judge