Thorne Research et al v. Atlantic Pro-Nutrients, No. 2:2013cv00784 - Document 151 (D. Utah 2016)
Court Description: MEMORANDUM DECISION AND ORDER Overruling 142 and 143 Objections to Magistrate Judge's Order 139 ; and Ordering that motions for summary judgment on infringement and patent invalidity shall be filed by June 6, 2016. Signed by Judge Ted Stewart on 5/9/2016. (eat)
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Thorne Research et al v. Atlantic Pro-Nutrients Doc. 151 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH THORNE RESEARCH, INC. and SOFTGEL FORMULATORS, INC., MEMORANDUM DECISION AND ORDER OVERRULING OBJECTIONS TO MAGISTRATE JUDGE’S ORDER Plaintiffs, v. Case No. 2:13-CV-784 TS XYMOGEN, INC., District Judge Ted Stewart Defendant. This matter is before the Court on Plaintiffs’ Partial Objection to Magistrate Judge Warner’s Memorandum Decision and Order Dated March 22, 2016 and Defendant’s Objections to Magistrate Judge Warner’s Order Denying XYMOGEN’S Motion for Leave to Amend or Supplement Invalidity Contentions. Under 28 U.S.C. § 636(b)(1)(A) and Rule 72(a) of the Federal Rules of Civil Procedure, the Court reviews a Magistrate Judge’s orders on nondispositive matters under a clearly erroneous or contrary to law standard. 1 “The clearly erroneous standard . . . requires that the reviewing court affirm unless it ‘on the entire evidence is left with the definite and firm conviction that a mistake has been committed.’” 2 The Court has carefully reviewed the Magistrate Judge’s Order, the parties’ objections thereto, the underlying briefing, and the relevant case law. The Court also conducted an in camera review of the document designated XYMOGEN_238-242. Having done so, the Court 1 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a). 2 Ocelot Oil Corp. v. Sparrow Indus., 847 F.2d 1458, 1464 (10th Cir. 1988) (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948)). 1 Dockets.Justia.com cannot conclude that the Magistrate Judge’s decision was clearly erroneous or contrary to law. It is therefore ORDERED that the parties’ objections (Docket Nos. 142 and 143) are OVERRULED. It is further ORDERED that motions for summary judgment on infringement and patent invalidity shall be filed by June 6, 2016. DATED this 9th day of May, 2016. BY THE COURT: Ted Stewart United States District Judge 2
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