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

Case 3:07-cv-02294-L-BLM

Document 26-2

Filed 05/09/2008

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Dan Lawton (State Bar No. 127342) Joseph C. Kracht (State Bar No. 228507) Matt Valenti (State Bar No. 253978) LAWTON LAW FIRM 550 West C Street, Suite 1400 San Diego, CA 92101 (619) 595-1370 (619) 595-1520 (Telefacsimile Number) [email protected] (electronic mail) Attorneys for Plaintiff AntiCancer, Inc.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

ANTICANCER, INC., a California corporation,

) ) ) Plaintiff, ) ) v. ) ) TECO DIAGNOSTICS, a California ) corporation; KC CHEN, a natural person; ) TONG CHIAH, a natural person; JIAN ) YANG VAECHES, a natural person; and ) DOES 1-30, ) ) Defendants. ) ) _________________________________ )

Case No. 07CV2294L (BLM) PLAINTIFF ANTICANCER, INC.'S NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT OF PATENT INFRINGEMENT AGAINST DEFENDANT TECO DIAGNOSTICS Date: Time: Place: Judge: July 21, 2008 10:30 a.m. Courtroom 14 Hon. M. James Lorenz

TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: NOTICE IS HEREBY GIVEN that on July 21, 2008 at 10:30 a.m., or as soon thereafter as counsel may be heard in the above-entitled Court, in Courtroom 14, which is located at 940 Front Street, San Diego, California, plaintiff AntiCancer, Inc., will and hereby does move the Court for partial summary judgment of patent infringement as to defendant Teco Diagnostics on AntiCancer's first, second, third, fourth and fifth claims for relief contained in AntiCancer's second amended complaint on the grounds there is no genuine

Case No. 07CV2294L (BLM)

Case 3:07-cv-02294-L-BLM

Document 26-2

Filed 05/09/2008

Page 2 of 2

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issue as to any material fact and that AntiCancer is entitled to judgment as a matter of law thereon. This motion will be, and is, based on admissions contained in defendant Teco Diagnostics' answer to the second amended complaint and the undisputed evidence of defendant Teco Diagnostics' infringement of United States patents numbers 5,998,191, 6,066,467, 6,140,102, 6,448,446, and 6,468,762 (via its advertised development of an enzymatic homocysteine assay kit using the same processes claimed in the foregoing patents). This motion will be, and is, based upon the provisions of Fed. R. Civ. Proc. 56 and the pertinent patent laws of the United States, and the common law construing the same. This motion also is based on this notice of motion and motion, the accompanying memorandum of points and authorities, the accompanying declarations of Robert M. Hoffman and Dan Lawton and all exhibits appended thereto, all pleadings and papers on file in this action, and such other further evidence and argument as may properly come before the Court at, before or after the hearing on this motion.

Dated: May 9, 2008

LAWTON LAW FIRM

By: s/ Dan Lawton Attorneys for Plaintiff AntiCancer, Inc.

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