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

Case 1:04-cv—01278-KAJ Document 307 Filed 04/17/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CRYOVAC INC., )
Plaintiff/Counter—Defendant, g
v. g Civil Action No. O4-1278-KAJ
PECHINEY PLASTIC PACKAGING, )
INC., )
Defendant/Counter-Plaintiff. g
éhfii
For the reasons set forth in the Memorandum Opinion issued in this matter
today,
IT IS HEREBY ORDERED that the Motion for Summary Judgment that Pechiney
infringes Claim 11 of U.S. Patent No. 4,755,419 (D.l. 201), filed by Cryovac, Inc.
("Cryovac), is GRANTED as to all ClearShieId product specifications except DZ-9004-1.
IT IS FURTHER ORDERED that the Motion for Summary Judgment on Patent Issues
(D.I. 195), filed by Pechiney Plastic Packaging, Inc. ("Pechiney"), is DENIED as moot to I
the extent that it seeks a judgment that there is no infringement under the doctrine of
equivalents, and is DENIED in all other respects. IT IS FURTHER ORDERED that
Cryovac’s Motion to Exclude Expert Testimony (D.l. 199) is GRANTED to the extent
that Mr. Evans is precluded from opining on the substance of case law, or on the
validity of any contract between Cryovac and National Beef, and to the extent that Dr.
Mount will not be permitted to opine that prior art films are "oriented" as that term is
used in the patent; that Motion is DENIED in all other respects. IT IS FURTHER

Case 1:04-cv—01278-KAJ Document 307 Filed O4/17/2006 Page 2 of 2
ORDERED that Pechiney’s Motion for Summary Judgment on Lost Profits (D.l. 193)
and Motion for Partial Summary Judgment on Tortlous Interference Claims (D.I. 197),
are DENIED, and its Motion to Strike (D.I. 281) is DENIED as moot.
IT IS FURTHER ORDERED that the parties should meet and confer upon
redactlons to the accompanying opinion, and submit those proposed redactions within
two weeks.
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Wilmington, Delaware
April 17, 2006