Sunoco Partners Mktg. & Terminals L.P. v. Powder Springs Logistics, LLC

Sunoco Partners Mktg. & Terminals L.P. v. Powder Springs Logistics, LLC

Opinion

MEMORANDUM ORDER

WHEREAS, on January 16, 2020, Magistrate Judge Burke issued a Report and Recommendation ("January Report" or "Jan. Rep.") (D.I. 447), recommending that the Court grant-in-part and deny-in-part Plaintiff Sunoco Partners Marketing & Terminals L.P.'s ("Sunoco") motion for partial summary judgment (D.I. 372);

WHEREAS, on January 28, 2020, Sunoco filed objections to the January Report ("Sunoco January Objections") (D.I. 461), specifically objecting that Judge Burke erred in recommending denying summary judgment that Defendants Powder Stream [*4]  Logistics, LLC ("Powder Stream") and Magellan Midstream Partners, L.P.'s ("Magellan" and, together with Powder Stream, "Defendants") accused systems infringe claims 3 and 8 of United States Patent No. 9,606,548 (the "'548 patent");

WHEREAS, on February 10, 2020, Defendants filed a response to Sunoco's January Objections ("Defendants January Response") ("D.I. 484");

WHEREAS, on January 28, 2020, Magellan filed objections to the Jan. 16 Report ("Magellan January Objections") (D.I. 460), specifically objecting that Judge Burke erred in recommending granting Sunoco's motion for partial summary judgment that accused Magellan systems infringe claim 3 of United States Patent No. 6,679,302 (the "'302 patent");

WHEREAS, on February 10, 2020, Sunoco filed a response to Magellan's January Objections ("Sunoco January Response");

WHEREAS, on February 6, 2020, Judge Burke issued a Report & Recommendation ("February Report" or "Feb. Rep.") (D.I. 477), recommending that the Court grant-in-part and deny-in-part Sunoco's motion for summary judgment that certain references do not qualify as prior art (D.I. 377);

WHEREAS, on February 20, 2020, Defendants filed objections to the February Report ("Defendants February Objections") (D.I. 499), specifically objecting that a fact dispute existed as to [*5]  whether the TransMontaigne system ("TransMontaigne") was publicly accessible;

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