Monday, September 11, 2006

Is the Finisar injunction decision reported?

As of September 11, the most recent Finisar case I find reported on LEXIS is 2006 U.S. Dist. LEXIS 25268 (May 2, 2006), suggesting that the injunction decision may not yet be on LEXIS.

BALDWIN GRAPHIC SYSTEMS v. SIEBERT, 2006 U.S. Dist. LEXIS 39947, cites an earlier decision in the Finisar matter:

There are situations when additional prior art and supplemental
invalidity arguments, submitted in purported response to a court's claim
construction, should be excluded. For example, in Finisar Corp. v. Directv Group,
Inc., 2006 WL 784800, 424 F. Supp. 2d 896 (E.D. Tex. 2006), after claim
construction and less than three months before the trial date, the defendant submitted two expert reports with 58 new prior art references. Observing that not every unexpected claim construction invites new invalidity contentions, the court barred the defendant from introducing new prior art references "shortly before
trial." The defendant in Finisar sought to introduce far more prior art references
than defendant here presents, and no trial date in this case has been set.

The Finisar issue here is one of many in Markman hearings, especially when viewed in terms of Exxon v. Lubrizol.

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