By Memorandum Opinion entered by The Honorable Sue L. Robinson in Apeldyn Corp. v. Sony Corp., et al., Civil Action No. 11-440-SLR (D.Del., April 2, 2015), the Court granted Defendants’ Motion for Summary Judgment of Non-Infringement due to collateral estoppel. In doing so, the Court found that (1) the parties did not dispute that the same patent, the same claim and the same accused products at issue in the instant case were at issue in Civil Action 08-568; (2) the same issue before the Court in the instant case was actually litigated before in Civil Action 08-568, and (3) Plaintiff had a full and fair opportunity to litigate the issue in Civil Action 08-658. See id. at 11-18.
A copy of the Memorandum Opinion is attached.