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

Case 1:04-cv-01199-SLR Document 472 Filed 10/17/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SRI INTERNATIONAL INC., a )
California corporation, )
Plaintiff, )
v. ) Civ. No. 04-1199-SLR
INTERNET SECURITY SYSTEMS, )
INC., a Georgia corporation, )
SYMANTEC CORPORATION, a )
Delaware corporation, and )
INTERNET SECURITY SYSTEMS )
INC., a Delaware corporation, )
Defendants. )
O R D E R
At Wilmington this 17th day of October 2006, consistent with
the memorandum opinion issued this same date;
IT IS ORDERED that:
1. Defendants' motion for summary judgment of invalidity
(D.I. 297) is granted;
2. Plaintiff's motion for partial summary judgment that
the Live Traffic paper is not a section 102(b) printed
publication (D.I. 270) is denied;
3. Plaintiff's motion for partial summary judgment of no
anticipation by the EMERALD 1997 publication (D.I. 276) is denied
as moot;
4. Defendants' motion for summary judgment of invalidity
for failure to disclose best mode according to 35 U.S.C. § 112

Case 1:04-cv—01199—SLR Document 472 Filed 10/17/2006 Page 2 of 2
(D.I. 282) is denied as moot;
5. Plaintiff's motion for partial summary judgment of no
anticipation based on combinations of prior art references (D.I.
279) is denied as moot; and
6. Defendant ISS‘s motion to preclude plaintiff from
disputing evidence that the Live Traffic paper qualifies as a §
102(b) printed publication based on plaintiff's conduct during
discovery (D.I. 364) is denied as moot.
7. The Clerk of Court is directed to enter judgment in
favor of defendants and against plaintiff.