Did Not Place Equitable Defenses At Issue
The court denied plaintiff's motion in limine that defendants had waived their equitable defenses by not raising them in response to plaintiff's motion for summary judgment. "[P]laintiff did not limit its [summary judgment] motion to 'infringement,' but it did not say that it was seeking judgment on 'liability' either. Rather, it said that it 'hereby moves for summary judgment that certain claims of the [patents] are a) not anticipated, b) not obvious, c) enabled, and d) infringed.' The order on summary judgment was limited to those issues; I did not enter judgment in favor of plaintiff on liability generally. Although the question is a close one, I think that plaintiff left enough ambiguity in its motion to preclude a finding of waiver by defendants."
Promega Corporation, et. al. v. Life Technologies Corporation, 3-10-cv-00281 (WIWD February 1, 2012, Order) (Crabb, J.)