RETRACTABLE TECHNOLOGIES v. NEW MEDICAL TECHNOLOGIES

LEONARD DAVIS, District Judge

Defendant New Medical Technologies ("NMT") has filed Motion for Summary Judgment of Invalidity of Claims 1 and 23 of U.S. Patent No. 5,385,551 (Docket No. 67) and a Motion for Partial Summary Judgment of Invalidity of U.S. Patent No. 6,090,077 (Docket No. 86) based on anticipation under 35 U.S.C. § 102(b). Despite the fact that claim construction is the first step in an anticipation analysis, Key Pharms. V. Hercon Labs. Corp., NMT filed its motions before the Court's claim construction. 161 F.3d 709, 714 (Fed. Cir. 1998). Accordingly, the Court DENIES WITHOUT PREJUDICE NMT's motions for summary judgment (Docket Nos. 67 and 86) as premature. The Court also DENIES the related Motion to Strike Plaintiff's Summary Judgment Surreply Regarding Claims 1 and 23 of U.S. Patent No. 5,385,551 (Docket No. 79) and Motion for Leave to File Reply Brief in Support of Defendants' Motion for Partial Summary Judgment of Invalidity of U.S. Patent No. 6,090,077 in Excess of Page Limitation (Docket No. 97) as moot.