Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:04-cv—O0858-SLR Document 555-2 Filed O2/07/2006 Page 1 01*3

Case 1:04-cv—O0858-SLR Document 555-2 Filed 02/07/2006 Page20f3
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0 l IN THE UNITED STATES DISTRICT COURT
2 IN AND FOR THE DISTRICT OF DELAWARE
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4 TENNECO AUTOMOTIVE : CIVIL ACTION
OPERATING CO., INC., :
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Plaintiff :
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VS. :
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VISTEON CORPORATION, :
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Defendant : NO. 03-1030 (SLR)
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Wilmington, Delaware
11 Thursday, June 30, 2005
4:50 o’clock, p.m.
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O BEFORE: HONORABLE SUE L. ROBINSON, Chief Judge
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16 APPEARANCES:
l'7 CONNOLLY, BOVE, LODGE & HUTZ LLP
BY: FRANCIS Dj.GIOVANNI, ESQ.
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19 —and—
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23 Valerie J. Gunning
Official Court Reporter
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Case 1:04-cv—O0858-SLR Document 555-2 Filed O2/07/2006 Page3of3
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2 P R O C E E D I N G S
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4 (Proceedings commenced in the courtroom,
5 beginning at 4:50 p.m.)
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7 THE COURT: I have a list of issues that we
8 need to talk about, We’ve given you a proposed trial
9 schedule. The trial schedule does not -— essentially,
10 I’ve bifurcated damages and willfulness. Also, the
11 bench issues that I believe we still have left to
12 determine. This is simply for infringement and
13 validity. That’s the time I have to give you at this
• 14 point, so I believe that that is sufficient time for
15 those issues.
16 We have to decide what we're going to do with
17 the bench issues, which need to be decided and briefed
18 consistent with the trial and post-trial briefing, so
19 that we have one record to send up to the Federal Circuit.
20 There’s the issue of ownership. I'm not
21 exactly sure why after all this time we're still talking
22 about it, but that needs to be resolved. I decline to
23 go forward with a trial when the ownership of the
24 patent is still in dispute. So we have to figure out
25 what we’re doing about that.
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