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US District Court issues ruling accepting Special Master’s Markman Report in Valence patent infringement case; trial scheduled for October 2012

A ruling from US District Court Judge Sam Sparks accepts the Special Master’s Markman Report in the Valence Technology patent infringement case was in a patent infringement lawsuit filed by Hydro-Quebec against Valence regarding Valence’s lithium phosphate products.

The Court also set a trial date in October 2012. Valence says it believes the adoption of the Special Master’s Report setting the definitions for terms in the claims of the two patents in suit is favorable to Valence’s positions of non-infringement and invalidity as set out in Valence’s pleadings in the lawsuit.

Valence is the defendant in an intellectual property dispute with Hydro-Quebec which purchased selected patents from the University of Texas, where Professor Goodenough originally developed the iron phosphate system. Valence was hoping to have the suit dismissed but their motion has been denied. One of the reasons for the judge’s decision to deny Valence’s dismissal request was the judge’s unfamiliarity with key technical terms in the suit. (Earlier post.)

The purpose of a Markman hearing, which derives its name from Markman v. Westview Instruments, Inc., 52 F.3d 967 (Fed. Cir. 1995), is to hear argument and, if necessary, receive evidence on the scope of the claims in the patent allegedly infringed.

Judge Sparks’ order available here.

(A hat-tip to Peter!)



Should go to a more neutral place.

An international court would be more impartial.

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