`
`
`
`
`Kenneth L. Dorsney
`302.888.6855
`kdorsney@morrisjames.com
`
`
`
`February 9, 2024
`
`
`
`
`
`
`
`
`VIA CM/ECF
`The Honorable Christopher Burke
`United States District Court
`844 North King Street
`Wilmington, DE 19801
`
`Re:
`
`Midwest Energy Emissions Corp., et. al v. Arthur J. Gallagher & Co., et al.,
`C.A. No. 19-1334-CJB
`
`
`Dear Judge Burke:
`
`In advance of the February 14, 2024, pretrial conference, the parties respectfully write to
`
`provide a list of outstanding issues for the Court’s consideration that the parties will be prepared
`to address:
`
`
`1.
`
`2.
`
`3.
`
`4.
`
`Plaintiffs’ designation of testimony from witnesses and corporate
`representatives of the settling defendants.
`
`Defendants’ recently produced trial exhibits and their relation to the
`applicable standard for contributory infringement.
`
`Defendants’ pending Motion for Reargument Regarding the Court’s
`Memorandum Opinion and Order Denying Their Motion for Summary
`Judgment No. 7: No Inducement of Infringement. (D.I. 636).1,2
`
`Defendants’ Notice in Response to Memorandum Order (D.I. 627),
`Objections to Expert Testimony Inconsistent Therewith, and Motion to
`Reconsider Denial of Motion to Exclude Testimony of Plaintiff’s Damages
`Expert for Including Tax Credits in Patent Damages. (D.I. 639).1,2
`
`
`
`
`
`
`
`1 ME2C does not believe that argument on these motions for reconsideration is necessary. It also notes
`that Defendants are not entitled to oral argument regarding motions for reconsideration, and in any event,
`they failed to request oral argument within seven days of filing their replies to these motions, pursuant to
`local rule 7.1.4.
`If the Court does not take up these motions for reconsideration, ME2C believes that the remaining issues
`may be addressed via videoconference hearing, if the Court prefers. See D.I. 648.
`2 Defendants included a request for oral argument in the body of D.I. 639, and Defendants submit the
`issues raised in each Motion for Reargument have a substantial effect on the upcoming trial and argument
`is warranted. Defendants request the Pretrial Conference proceed in person, as scheduled.
`
`F 302.571.1750
`T 302.888.6800
`| Wilmington, DE 19801-1494
`500 Delaware Avenue, Suite 1500
`Mailing Address P.O. Box 2306 | Wilmington, DE 19899-2306 www.morrisjames.com
`
`
`
`
`
`Case 1:19-cv-01334-CJB Document 662 Filed 02/09/24 Page 2 of 2 PageID #: 17545
`
`The Honorable Christopher J. Burke
`February 9, 2024
`Page 2
`
`
`Respectfully submitted,
`
`/s/ Kenneth L. Dorsney
`
`Kenneth L. Dorsney (#3726)
`
`
`
`cc: All counsel of record (via CM/ECF and electronic mail)
`
`
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