Lectec is going for a Preliminary Injunction in January...if successful will it stop mfg of Icy Hot patches until trial in 2011..that would be a tremendous hit to earnings and revenue. If I was a retail customer or institutional investor I would be worried!!!!


The Scheduling Conference lasted 14 minutes and is summarized as follows: The court opened with the comment that the case looks "straight forward." The defendants wanted a "technical advisor," LecTec did not want one, and the court went with LecTec on the issue. The number and length of depositions was agreed to by the parties. LecTec raised the issue of "willful infringement" and that it would like to file a motion for PRELIMINARY INJUNCTION. LecTec requested that the injunction issues could be submitted on the briefs and that a hearing was not necessary. LecTec could file for a PRELIMINARY INJUNCTION "by mid January." The defendants were permitted to request a hearing on the PRELIMINARY INJUNCTION if they felt it necessary. As a result of the discussions at the conference, a revised scheduling order was to be re-submitted by LecTec's attorneys and issued by January 3.
The court referenced a May 6, 2010 date, presumably for a hearing, and then indicated that there would be a "tutorial" on May 5, 2010 with each side given 30 minutes. It appears that trial may begin on January 3, 2011.
More clarity is needed with the Scheduling Order dates. I love the PRELIMINARY INJUNCTION and willful infringement possibilities. These could play very huge in this matter if an injunction is issued. I want to see the date for the patent validity hearing and will have to wait until January 3 for it. The trial date is too far off IMO although the outcome of the case will be decided well before the trial date. Remember, LecTec has very strong re-examined patents and is in a position of strength. The defendants are really underdogs and they are trying to do something in court (i.e., overturn the re-examined patents) that has never, ever been done with re-examined patents. That is, a court has never overturned the validity of a re-examined patent. The injunction issues should scare the defendants and their attorneys. There are a lot of favorable possibilities here. While I wish we were moving faster, this is very good.