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Judge Forrest rejects Leveraged Innovations’ second bite at the apple in seeking to enforce its patented technology because of its...

Direxion Shares, ETF Trust v. Leveraged Innovations L.L.C. Case Number: 1:14-cv-01777-KBF - On March 14, 2014, Direxion Shares, ETF Trust (“Direxion”) filed a declaratory judgment action against Leveraged...more

12/19/2014 - Declaratory Judgments ETFs Non-Judicial Settlement Agreements Patent Infringement Patent Litigation Patents

Judge Griesa declines to revisit Federal Circuit’s finding that a license and settlement agreement is “clear on its face.”

Endo Pharmaceuticals, Inc. v. Roxane Laboratories, Inc. Case Number: 1:13-cv-03288-TPG - Defendant Roxane Laboratories, Inc. (“Roxane”) was sued by Endo Pharmaceuticals, Inc. (“Endo”) when Endo learned that...more

12/18/2014 - Endo Pharmaceuticals License Agreements Patent Infringement Patent Litigation Patents Pharmaceutical Patents Preliminary Injunctions Roxane Laboratories

Judge Forrest finds patentee’s claim constructions to be overly broad, and lacking specification support

Regeneron Pharm., Inc. v. Merus B.V. Case Number: 1:14-cv-01650-KBF - On March 14, 2014 Regeneron Pharmaceuticals, Inc. (“Regeneron”) commenced this action against Merus B.V. (“Merus”) and Ablexis LLC...more

12/17/2014 - Claim Construction Patent Infringement Patent Litigation Patents Pharmaceutical Patents

Judge Scheindlin finds that numerous acts of litigation misconduct constitute an “exceptional case.”

TNS Media Research, LLC, et al. v. Tivo Research and Analytics, Inc. Case Number: 1:11-cv-04039-SAS - Plaintiff Kantar Media (“Kantar”) brought a suit against defendant Tivo Research and Analytics, Inc. (“TRA”)...more

12/16/2014 - Exceptional Case Patent Infringement Patent Litigation Patents Willful Misconduct

The Local Patent Rules regarding infringement contentions do not apply to this Hatch-Waxman case.

Kowa Company Ltd. v. Aurobindo Pharma Ltd., et al. Case Number: 1:14-cv-02497-PAC - Defendant Mylan asked the court to apply the Local Patent Rules to the case, specifically requiring plaintiff to serve its...more

12/4/2014 - Hatch-Waxman Patent Infringement Patent Litigation Patents Pharmaceutical Patents

Judge Sullivan orders counsel and attorneys to meet and confer regarding discovery disputes for at least 4 hours at the...

Joao Control & Monitoring Systems, LLC v. City of Yonkers, et al. Case Number: 1:12-cv-07734-RJS - Following receipt of a joint letter from the parties concerning a discovery dispute, Judge Sullivan...more

12/3/2014 - Discovery Meet and Confer Trial Court Orders

Judge Román stays case because of IPRs based on parties’ joint request.

CDx Diagnostics, Inc. et al. v. U.S. Endoscopy Group, Inc. et al. Case Number: 7:13-cv-05669-NSR - Judge Román stayed the litigation after the PTAB instituted IPR Case Nos. IPR2014-00639 and IPR2014-00641 for...more

12/2/2014 - Inter Partes Review Proceedings Medical Devices Order to Stay Patent Litigation Patent-in-Suit Patents

Judge McMahon stays case because of IPR, based on parties’ joint request.

Hockeyline, Inc. v. Stats LLC Case Number: 2:13-cv-01446-CM Judge McMahon, following the parties’ joint motion after the PTAB instituted IPR Case No. IPR2014-00510 for the patent-in-suit, U.S. Patent No....more

12/1/2014 - Inter Partes Review Proceedings Patent-in-Suit Patents

Judge Forrest: “Regeneron's position that each claim in its ‘018 Patent has a single limitation is, at the very least, odd. It is...

Regeneron Pharmaceuticals, Inc. v. Ablexis LLC - Case Number: 1:14-v-01651-KBF - Teaser: Judge Forrest: “Regeneron's position that each claim in its ‘018 Patent has a single limitation is, at the very least,...more

11/26/2014 - Patent Infringement Patent Litigation Patents Pharmaceutical Manufacturers Pharmaceutical Patents

Claim terms construed, emphasizing construction is a mixed question of law and fact, and finding a preamble limiting and...

JobDiva, Inc. v. Monster Worldwide, Inc. Case Number: 1:13-cv-08229-KBF - On October 3, 2014, Judge Forrest construed terms of four JobDiva patents and one Monster patent. The JobDiva patents are...more

11/25/2014 - Claim Construction Judicial Settlement Agreements Patent Litigation Patents Software

Motions for fees by victorious patent defendant and by plaintiffs counsel both denied.

Rates Technology Inc. v. Broadvox Holding Company, LLC, et al. Case Number: 1:13-cv-00152-SAS - In June 2014, Judge Scheindlin dismissed Rates’s patent infringement against Broadvox, as Rates’s counsel,...more

11/24/2014 - Attorney's Fees Patent Infringement Patent Litigation Patents

Magistrate Gorenstein recommends changing trebled damages to defaulting defendant, but no attorney’s fees.

Keystone Global LLC v. Auto Essentials Inc., et al. Case Number: 1:12-cv-09077-DLC-GWG - Keystone alleged that Decor Essentials infringed two patents, U.S. Patents Nos. 7,866,715 (“Protective vehicle cover”) and...more

11/21/2014 - Attorney's Fees Patent Infringement Patent Litigation Patents Treble Damages Willful Infringement

Judge Sweet trims award of attorney’s fees because of block billing and claims for fees for a non-compulsory defense; issues final...

Touchtunes Music Corp. v. Rowe International Corp., Arachnid, Inc., et al. October 21, 2014 - Case Number: 1:07-cv-11450-RWS - Judge Sweet, having previously found this case to be exceptional, awarded...more

11/20/2014 - Attorney's Fees Exceptional Case Patent Infringement Patent Litigation Patents

In denying attorney’s fees under 35 U.S.C. § 285, Judge Buchwald reviews post-Octane decisions.

Dr. Paula Small v. Implant Direct MFG. LLC d/b/a Implant Direct, LLC - Case Number: 1:06-cv-00683-NRB - In 2013, defendants won summary judgment on two dental implant patents. One patent was found invalid...more

11/19/2014 - Attorney's Fees Patent Litigation Patents Prior Art

Legitimate, Creative Advocacy Bars Rule 11 Sanctions

Worldwide Home Products, Inc., v. Bed, Bath and Beyond, Inc., et al. Case Number: 1:11-cv-03633-MHD - Worldwide sued Bed, Bath and Beyond (BBB) for patent infringement of U.S. Patent No. 7938300 (“Nestable...more

10/17/2014 - Bed Bath & Beyond Patent Infringement Patent Litigation Patents Rule 11 Sanctions

Consent Decree in Window Covering Case Takes One Defendant From Case

Hunter Douglas, Inc. v. Kohl’s Corporation, et al. Case Number: 1:14-cv-01743 - Plaintiff Hunter Douglas and defendant Welcome Industrial Corp. entered into a consent decree enjoining Welcome from infringing...more

10/16/2014 - Consent Decrees Kohls Patent Infringement Patent Litigation Patents

Supreme Court’s Footnote About Auckerman in Petrella v. Metro-Goldwyn-Mayer, Inc. Does Not Create New Law: Cordis’s Laches Defense...

Medinol Ltd., v. Cordis Corporation and Johnson & Johnson Case Number: 1:13-cv-0148-SAS In March, Judge Scheindlin found that laches formed a complete defense for Cordis in this matter. Medinol did not appeal...more

10/15/2014 - Affirmative Defenses Copyright Copyright Infringement Laches MGM Petrella v. MGM SCOTUS The Copyright Act

Terms Construed in Website Messaging Patent/Summary Judgment Denied In Light of New Construction/Testimony Excluded

523 IP LLC, v. CureMD.com - Case Number: 1:11-cv-09697-KPF - Judge Failla construed terms of U.S. Patent No. 7,702,523 (“Website messaging system”), and, as her construction at times differs significantly from...more

10/14/2014 - Patent Infringement Patent Litigation Patents

TMIF (Too Much Information, Folks) / Request To Limit Number Of References.

In anticipation of an upcoming Markman ruling, and after Monster sent a recent Federal Circuit decision to Judge Forrest, Job Diva sent the court a letter stating that Monster’s new case in fact supports Job Diva’s...more

10/13/2014 - Patent Litigation Patents

Judge Preska Finds a Design—Although Developed Using Test Equipment—To Be Ornamental

In this dispute concerning U.S. Patent No. D618,132 (“Diamond jewellery (sic)”), Judge Preska denied declaratory judgment plaintiff’s request for summary judgment of patent invalidity and non-infringement, but granted the...more

10/10/2014 - Design Patent Patent Infringement Patent Litigation Patents

PTAB Prohibition on Incorporation by Reference: Avoiding and Responding to Rule 42.6(a)(3) Violations

Patent Trial and Appeal Board (“PTAB”) Rule 37 CFR § 42.6(a)(3) prohibits argument that incorporate “by reference from one document into another document.” Rule 42.6(a)(3) serves two functional purposes. First, it simplifies...more

10/10/2014 - Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Invalidity under § 101 and defensive collateral estoppel defeat second DietGoal case

CaDietGoal Innovations LLC v. Time, Inc. Case Number: 1:13-cv-08381 - Last month, in DietGoal Innovations LLC v. Bravo Media LLC, Case No. 1:13–cv-08391–PAE, we reported on Judge Engelmayer’s invalidation of...more

9/22/2014 - Collateral Estoppel Patent Infringement Patent Litigation Patents Section 101

Stay pending interlocutory appeal of denial of stay for ungranted CBM petitions denied

Intellectual Ventures II LLC v. JP Morgan Chase & Co. et al. Case Number: 1:13-cv-03777 - Summary: JP Morgan Chase (“JPMC”), having lost a motion to stay this case pending resolution of IPRs and CBMs [LINK TO 19...more

9/19/2014 - Covered Business Method Patents Inter Partes Review Proceedings Interlocutory Appeals JPMorgan Chase Motion To Stay Patents

No stays for IPRs and CBMs in view of advanced stage of litigation and long PTAB timeline

Intellectual Ventures II LLC v. JP Morgan Chase & Co. et al. Case Number: 1:13-cv-03777 - Summary: In litigation filed June 2013 with a trial anticipated in the summer of 2015, Judge Hellerstein denied JP Morgan...more

9/18/2014 - Covered Business Method Patents Inter Partes Review Proceedings JPMorgan Chase Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Update: Patent valuation documents are relevant to this patent case

Intellectual Ventures II LLC v. JP Morgan Chase & Co. et al. Case Number: 1:13-cv-03777 - Last month, we reported that the court concluded that documents relating to patent valuation “have little or no...more

9/17/2014 - Asset Valuations JPMorgan Chase Patent Litigation Patents Valuation

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