`00687-WO-JLW
`
`
`
`Defendant.
`
`OPTOLUM, INC.,
`
`
`Plaintiff,
`v.
`
`CREE, INC.,
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`DEFENDANT CREE, INC.’S MOTION UNDER FEDERAL RULE OF CIVIL
`PROCEDURE 50(b) FOR JUDGMENT AS A MATTER OF LAW REGARDING
`ENSNAREMENT
`
`Pursuant to Federal Rule of Civil Procedure 50(b),
`
`Defendant Cree Inc. (“Cree”) moves for judgment as a matter
`of law that Plaintiff OptoLum, Inc. was estopped from
`relying on the doctrine of equivalents to assert
`infringement with respect to the Single Ring bulbs due to
`ensnarement. Cree submits herewith a brief that explains
`with particularity the basis for this motion.
`
`Dated: December 9, 2021 Respectfully submitted,
`
`By: /s/ Blaney Harper
`Blaney Harper
`JONES DAY
`51 Louisiana Avenue, N.W.
`Washington, D.C. 20001-2113
`Telephone: (202) 879-3939
`Facsimile: (202) 626-1700
`Email: bharper@jonesday.com
`
`
`
`Case 1:17-cv-00687-WO-JLW Document 354 Filed 12/09/21 Page 1 of 3
`
`
`
`
`/s/ Peter D. Siddoway
`Peter D. Siddoway
`NC State Bar No. 45647
`SAGE PATENT GROUP
`4120 Main at North Hills St.
`Suite 230
`Raleigh, NC, 27609
`Telephone: 984-219-3358
`Facsimile: 984-538-0416
`Email: psiddoway@sagepat.com
`
`Attorneys for Defendant Cree, Inc.
`
`2
`
`Case 1:17-cv-00687-WO-JLW Document 354 Filed 12/09/21 Page 2 of 3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that on December 9, 2021, I
`electronically filed the foregoing with the Clerk of Court
`for the United States District Court for the Middle
`District of North Carolina using the CM/ECF Filing System,
`which will send notification via electronic means to all
`counsel of record.
`
`
`
`/s/ Peter D. Siddoway
`Peter D. Siddoway
`NC State Bar No. 45647
`SAGE PATENT GROUP
`4120 Main at North Hills St.
`Suite 230
`Raleigh, NC, 27609
`Telephone: 984-219-3358
`Facsimile: 984-538-0416
`Email: psiddoway@sagepat.com
`
`
`Case 1:17-cv-00687-WO-JLW Document 354 Filed 12/09/21 Page 3 of 3
`
`
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