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One Down But One to Go: Judge McMahon Concludes Asserted Patent is Not Unenforceable Through Infectious Unenforceability

On February 23, 2024, Judge McMahon (S.D.N.Y.) entered findings of fact and conclusions of law pertaining to issues relating to Defendant Lutron Electronics Co. (“Lutron”)’s defenses of invalidity and unenforceability of U.S....more

Judge McMahon Rules on Motions in Limine

On January 5, 2024, Judge McMahon (S.D.N.Y.) decided Plaintiff GeigTech East Bay LLC (“GeigTech”)’s and Defendant Lutron Electronics Co. (“Lutron”)’s motions in limine....more

Judge McMahon Rejects Estoppel Argument Based on Lack of Reasonableness and Diligence in Prior Art Searching

On December 21, 2023, Judge McMahon (S.D.N.Y.) denied GeigTech East Bay LLC’s (“GeigTech”) motion to preclude Lutron Electronics Co. (“Lutron”) from raising an affirmative defense of invalidity based on 35 U.S.C. § 325(e)(2),...more

Judge McMahon Issues Omnibus Ruling Addressing Numerous Procedural Issues Arising Out of Pre-Trial Motions

On September 20, 2023, Judge McMahon (S.D.N.Y.) issued rulings on the parties’ multiple motions to strike, exclude the opinions and proposed testimony of multiple experts, and for summary judgment in a case brought by...more

Someone Has to Stand Up: Judge Clarke Permits Developer of Crypto Protocol to Intervene in Action Against the Protocol Itself

On September 25, 2023, Judge Jessica Clarke (S.D.N.Y.) granted third party Compound Lab, Inc.'s ("Compound Labs”) motion to intervene in a patent infringement action filed by True Return Systems LLC (“True Return”) against...more

Judge Engelmayer Holds that Suit Based on Cancelled Patent Claims Should Be Dismissed Without Prejudice

On June 5, 2023, Judge Engelmayer (S.D.N.Y.) dismissed Plaintiffs' infringement claims against Defendants. After the U.S. Patent & Trademark Office cancelled the asserted patent—U.S. Design Patent No. D746,078—Defendants...more

Halfway There: Judge Wang Recommends Dismissing Design Patent Claims But Allowing Utility Patent Claims

On March 23, 2023, Magistrate Judge Wang (S.D.N.Y.) recommended granting-in-part and denying-in-part Defendants’ T-Mobile, USA, Inc. and Samsung Electronics America, Inc.’s (collectively, “Defendants”) motion to dismiss the...more

Judge Gonzalez Grants Preliminary Injunction to Accused Infringer For “What Appears to Be a Fraudulent Claim to a Patent”

On December 18, 2022, Judge Gonzalez (E.D.N.Y.) granted-in-part and denied-in-part Plaintiff Sound Around Inc.'s motion for entry of a preliminary injunction against Defendants Shenzhen Keenray Innovations Ltd., Danxia Wu,...more

Product or Person, Not Both: Judge Hellerstein Dismisses Complaint for Alleging That the Accused Instrumentality is the Defendant

On August 25, 2022, Judge Hellerstein (S.D.N.Y.) granted defendant SAS Institute’s (“SAS”) motion to dismiss plaintiff Invincible IP LLC’s (“Invincible”) complaint for failure to state a claim pursuant to Federal Rule of...more

Judge Failla Transfers Case to Delaware Based on “When the Case Was Filed”

On July 20, 2022, Magistrate Judge Failla (S.D.N.Y.) found venue to be improper and transferred the TrackThings LLC v. Netgear, Inc. case to the United States District Court for the District of Delaware based on facts as they...more

8/8/2022  /  Patent Litigation , Patents , Venue

Judge Gorenstein Rules Either Use Objections or Lose Them in Discovery Responses

On May 20, 2022, Magistrate Judge Gabriel Gorenstein (S.D.N.Y.) ruled on several discovery disputes inSure Fit Home Prods., LLC v. Maytex Mills Inc. In a case involving shower curtains, Plaintiff Sure Fit Home Prods. moved...more

Judge Chen Notes Split in Authority as to Whether Claim Construction is a Dispositive Pretrial Matter

On July 20, 2021, District Judge Pamela Chen (E.D.N.Y.) adopted, in its entirety, Judge Bulsara’s report and recommendation (“R&R”) in Sunscreen Mist Holdings, LLC v. SnappyScreen, Inc. (“Sunscreen Mist” and “SnappyScreen,”...more

Judge Netburn Grants Transfer Venue Motion

On April 29, 2021, District Judge Sarah Netburn (S.D.N.Y.) granted defendant salesforce.com, Inc.’s ("Salesforce") motion for transfer of venue to the Northern District of California ("the NDCA")—where it is based—pursuant to...more

Judge Schofield Rejects Application of Rare Equitable Estoppel Defense

On February 9, 2021, District Judge Lorna Schofield (S.D.N.Y.) denied defendant Google LLC’s motion for summary judgment on the defense of equitable estoppel and granted plaintiff Kewazinga Corp.’s cross-motion for summary...more

2/19/2021  /  Dismissals , Estoppel , Google , Patents

Judge Brown Disagrees with Both Parties on What the Claimed Invention is and Invalidates Wearable Content Patents Under 35 U.S.C....

On November 19, 2020, District Judge Gary Brown (E.D.N.Y.) granted Defendants Polar Electro Oy and Polar Electro Inc.'s (collectively, "Polar Electro") motion to dismiss for lack of patent-eligible subject matter under 35...more

Speedfit’s Treadmill Patent “Runs Into” On-Sale Bar Invalidity Due to Collateral Estoppel Stemming from a Prior Litigation on a...

On September 21, 2020, District Judge Chen (E.D.N.Y.) entered an order granting Defendants Chapco Inc. and Samsara Fitness LLC’s motion for summary judgment of invalidity of Plaintiffs Speedfit LLC and Aurel Astilean’s U.S....more

Judge Matsumoto Holds That “Very Small Side Load” Is Indefinite and That “Retention Element” Is a Means-Plus-Function Claim...

On July 13, 2020, District Judge Matsumoto (E.D.N.Y.) entered a claim construction order construing several claim terms recited in Plaintiff Uni-Systems, LLC’s (“Plaintiff”) U.S. Patent Nos. 6,789,360 (“the ’9360 patent”) and...more

Judge Moses Recommends Awarding to Plaintiff Defendant's Profits Under 35 U.S.C. § 289 for Infringement of a Design Patent

On April 21, 2020, Magistrate Judge Barbara Moses (S.D.N.Y.) issued a recommendation that Plaintiff Evriholder Products LLC (“Evriholder”) be awarded: (1) damages under 35 U.S.C. § 289 for infringement of U.S. Patent No....more

4/27/2020  /  Patent Infringement , Patents

Plaintiff’s Filing of Action Outside of State of Residence Supports Transfer of Action

On January 14, 2020, District Judge Ronnie Abrams (S.D.N.Y.) granted Defendant LinkedIn Corp.'s ("LinkedIn") motion, pursuant to 28 U.S.C. § 1404(a), to transfer to the Northern District of California a patent infringement...more

Judge Abrams Analyzes Application of Collateral Estoppel Doctrine Even Though Parties Didn’t Dispute It

On January 13, 2020, District Judge Ronnie Abrams (S.D.N.Y.) granted Defendant Chegg Inc.'s ("Chegg") motion to dismiss Plaintiff NetSoc, LLC's ("NetSoc") complaint on the ground that NetSoc is collaterally estopped from...more

Judge Cote Dismisses Complaint that Doesn’t Adequately Allege Infringement of an Abstract Idea

On October 2, 2019, District Judge Denise Cote (S.D.N.Y.) granted Defendant Green Dot Corporation's ("Green Dot") motion to dismiss Plaintiff Western Express Bancshares, Inc.'s ("Western Express") complaint on the grounds...more

Defendants May Proceed with Inter Partes Review Petitions Despite Forum Selection Clause

On July 2, 2019, District Judge Denise Cote (S.D.N.Y.) denied Plaintiff NuCurrent Inc.'s ("NuCurrent") motion for a preliminary injunction seeking to have Defendants Samsung Electronics Co., Ltd. and Samsung Electronics...more

Judge Woods Transfers Case to Where the Witnesses and Documents Are Located

On June 11, 2019, District Judge Gregory Woods (S.D.N.Y.) granted Defendants HTC Corp.'s and HTC America, Inc.'s ("HTC America") (collectively, "HTC") motion to transfer a patent infringement case brought by Dynamic Data...more

Judge Cote Interprets Covenant Not to Sue as Broader Than License Grant Within the Same Contract

On Apri1 15, 2019, District Judge Denise Cote (S.D.N.Y.) denied Defendant St. Lawrence Communications, LLC ("SLC")'s motion for summary judgment that the scope of a covenant not to sue does not preclude a separate lawsuit for...more

Judge Matsumoto "Puts to Bed" Claim Construction Disputes by Adopting Several Independent Constructions, But Defers Ruling on...

On February 25, 2019, District Judge Kiyo Matsumoto (E.D.N.Y.) ruled on claim construction and indefiniteness disputes in an action brought by Plaintiff Bedgear, LLC against Defendant Fredman Bros. Furniture Co., Inc. d/b/a...more

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