`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`C.A. No. 19-1334 (CJB)
`
`
`
`
`)))))))))
`
`)
`
`
`
`MIDWEST ENERGY EMISSIONS CORP.
`and MES INC.,
`
`
`
`
`
`ARTHUR J. GALLAGHER & CO., et al.,
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`Defendants.
`
`
`
`CERT DEFENDANTS’ MOTION FOR A NEW TRIAL ON THE ISSUES OF INDUCED
`INFRINGEMENT, CONTRIBUTORY INFRINGEMENT, WILLFUL INFRINGEMENT,
`AND DAMAGES WITH RESPECT TO PLAINTIFFS’ CLAIMS FOR INFRINGEMENT
`OF U.S. PATENT NOS. 10,343,114 AND 10,596,517
`
`
`The CERT Defendants hereby move under Federal Rule of Civil Procedure 59 for a new
`
`trial as to the issues of induced infringement, contributory infringement, willful infringement,
`
`and damages with respect to Plaintiffs’ claims of infringement of claims 25 and 26 of U.S. Patent
`
`No. 10,343, 114 and claims 1 and 2 of U.S. Patent No. 10,596,517.
`
`The grounds for CERT’s motion are set forth in the accompanying opening brief in support
`
`of this motion.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 1:19-cv-01334-CJB Document 720 Filed 04/05/24 Page 2 of 4 PageID #: 18073
`
`Dated: April 5, 2024
`
`
`
`
`
` /s/ Kenneth L. Dorsney
`Kenneth L. Dorsney (#3726)
`Cortlan S. Hitch (#6720)
`MORRIS JAMES LLP
`500 Delaware Avenue, Suite 1500
`Wilmington, DE 19801
`Telephone: (302) 888-6800
`kdorsney@morrisjames.com
`chitch@morrisjames.com
`
`Jeff Dyess
`Paul Sykes
`Benn Wilson
`BRADLEY ARANT BOULT CUMMINGS LLP
`1819 Fifth Avenue North
`Birmingham, AL 35203
`Telephone: (205) 521-8000
`Facsimile: (205) 521-8800
`Email: jdyess@bradley.com
`
`psykes@bradley.com
`
`bcwilson@bradley.com
`
`Jessica Zurlo
`BRADLEY ARANT BOULT CUMMINGS LLP
`1615 L Street NW Ste 1350
`Washington, D.C. 20036
`Telephone: (202) 393-7150
`Facsimile: (202) 347-1684
`Email: jzurlo@bradley.com
`
`Attorneys for Defendants
`CERT Operations IV LLC,
`CERT Operations V LLC,
`CERT Operations RCB LLC,
`CERT Operations II LLC,
`Senescence Energy Products, LLC,
`Springhill Resources LLC,
`Buffington Partners LLC,
`Bascobert (A) Holdings LLC,
`Larkwood Energy LLC,
`Cottbus Associates LLC,
`Marquis Industrial Company, LLC,
`Rutledge Products, LLC
`
`2
`
`
`
`
`Case 1:19-cv-01334-CJB Document 720 Filed 04/05/24 Page 3 of 4 PageID #: 18074
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`C.A. No. 19-1334 (CJB)
`
`
`
`
`)))))))))
`
`)
`
`
`
`
`
`MIDWEST ENERGY EMISSIONS CORP.
`and MES INC.,
`
`
`
`
`
`ARTHUR J. GALLAGHER & CO., et al.,
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`Defendants.
`
`[PROPOSED] ORDER GRANTING CERT DEFENDANTS’ MOTIONS FOR A
`NEW TRIAL ON THE ISSUES OF INDUCED INFRINGEMENT,
`CONTRIBUTORY INFRINGEMENT, WILLFUL INFRINGEMENT, AND
`DAMAGES WITH RESPECT TO PLAINTIFFS’ CLAIMS FOR
`INFRINGEMENT OF U.S. PATENT NOS. 10,343,114 AND 10,596,517
`
`Whereas, the Court, having considered the CERT Defendants’ Motion for a New Trial on
`
`
`
`the issues of induced infringement, contributory infringement, willful infringement, and damages
`
`with respect to Plaintiffs’ claims for infringement of U.S. Patent Nos. 10,343,114 and 10,596,517
`
`and the related briefing and exhibits,
`
`IT IS HEREBY ORDERED that the CERT Defendants’ Motion is GRANTED. The Court
`
`finds and decrees that:
`
`1. The CERT Defendants are entitled to a new trial on the issue of induced
`
`infringement of claims 25 and 26 of U.S. Patent No. 10,343,114 and claims 1 and
`
`2 of U.S. Patent No. 10,596,517.
`
`2. The CERT Defendants are entitled to a new trial on the issue of contributory
`
`infringement of claims 25 and 26 of U.S. Patent No. 10,343,114 and claims 1 and
`
`2 of U.S. Patent No. 10,596,517.
`
`
`
`3
`
`
`
`Case 1:19-cv-01334-CJB Document 720 Filed 04/05/24 Page 4 of 4 PageID #: 18075
`
`3. The CERT Defendants are entitled to a new trial on the issue of willful infringement
`
`of claims 25 and 26 of U.S. Patent No. 10,343,114 and claims 1 and 2 of U.S. Patent
`
`No. 10,596,517.
`
`4. The CERT Defendants are entitled to a new trial on the issue of damages with
`
`respect to infringement of claims 25 and 26 of U.S. Patent No. 10,343,114 and
`
`claims 1 and 2 of U.S. Patent No. 10,596,517.
`
`
`
`
`
`
`
`It is so ORDERED.
`
`
`
`
`
`_______________________________________________
`The Honorable Christopher J. Burke
`United States District Court Magistrate Judge
`
`4
`
`
`
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