OPINION
LATCHUM, Senior District Judge.
This patent case is before the Court on the defendant's motion for summary judgment and, in the alternative, for a separate trial on the two issues discussed in its summary judgment brief. (Docket Item ["D.I."] 157.) Because there are unresolved factual issues in the case and because there appears to be little merit in bifurcating trial, the defendant's alternative motion will be denied.
I. FACTS
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