Lake Cherokee Hard Drive Techs., L.L.C. v. Marvell Semiconductor, Inc.

Lake Cherokee Hard Drive Techs., L.L.C. v. Marvell Semiconductor, Inc.

Opinion

 [*654]  ORDER

Before the Court is Defendant Marvell Semiconductor, Inc.'s ("MSI") Motion for Partial Summary Judgment to Limit the Scope of Lake Cherokee's Asserted Damages  [*655]  Base, filed May 14, 2013 (Dkt. No. 330). The Court heard argument on the motion on July 30, 2013. The Court having considered the parties' briefing and argument finds that the motion should be and is GRANTED-IN-PART and DENIED-IN-PART for the reasons set forth below.

I. BACKGROUND

Plaintiff Lake Cherokee Hard Drive Technologies, LLC ("Lake Cherokee") filed the above-styled action against MSI on June 30, 2010, alleging that MSI infringed certain claims of United States Patents No. 5,844,738 and 5,978,162. By the present motion, MSI moves for summary judgment to exclude certain damages which Lake Cherokee seeks to include in its damages base for presentation to the jury.

II. LEGAL STANDARDS

] Summary judgment should be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). "By its very terms,  [**4] this standard provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). The substantive law identifies the material facts, and disputes over facts that are irrelevant or unnecessary will not defeat a motion for summary judgment. Id. at 248. A dispute about a material fact is "genuine" when the evidence is "such that a reasonable jury could return a verdict for the nonmoving party." Id. In considering motions for summary judgment, the Court must draw all reasonable inferences in favor of the non-moving party. Id. at 255; Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 398 (5th Cir. 2008).

III. ANALYSIS

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