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Delaware Intellectual Property Litigation Intellectual Property and Antitrust Litigation in Delaware

Judge Robinson Grants Vehicle IP’s Motion to Exclude Evidence of Werner’s Invalidity Theory Regarding a Pre-1995 System

Posted in Intellectual Property, Patent Infringement

By Memorandum Order entered by the Honorable Sue L. Robinson in Vehicle IP, LLC v. Werner Enterprises, Inc., Civil Action No. 10-503-SLR (D.Del., September 9, 2013), the Court granted Plaintiff Vehicle IP, LLC’s (“Vehicle IP”) motion to exclude Defendant Werner Enterprises, Inc.’s (“Werner”) invalidity contentions conerning the systems and methods that Werner used prior to the issue date of the patent-in-suit, U.S. Patent No. 5,694,322 (“the ‘322 patent”).  The Court found that Werner’s untimely assertion of its theory of invalidity based on the pre-1995 system was prejudicial to Vehicle IP.  Id. at *5.

A complete copy of the Memorandum Order is attached.