Orion IP LLC v. Mercedes-Benz USA LLC et al, No. 6:05-cv-00322 (E.D. Tex. May 2, 2007)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

At the pretrial hearing, the Court denied Hyundai’s motion in limine no. 2 to preclude Orion from mentioning or introducing evidence concerning the PTO’s decision to change the ‘627 patents’ parent’s filing date. The issue of the correct filing date was also raised in Hyundai’s motion for summary judgment, which the Court denied without an opinion. Hyundai contends tha t the ‘627 pate nt’s commerc ial embodiment, CASS Parts, was publically used and on sale on November 10, 1988 at a Parts Fair in New Orleans, Louisiana. Under 35 U.S.C.