Monte Cooper

Monte Cooper

Orrick, Herrington & Sutcliffe LLP

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Separated at the District Court, Possibly Reunited on Appeal

Defendants Are Reunited Notwithstanding Plaintiff’s Attempts To Keep Them Apart:  Order Denying Plaintiff’s Motion to Stay and Granting Defendant’s Motion for Summary Judgment, Emmanuel Gonzalez v. Tagged, Inc., Case No....more

6/20/2016 - Motion for Summary Judgment Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Stays

The “Pot, Kettle, Black” Doctrine

The adage “the pot calling the kettle black”—referring to someone who is guilty of the very thing that he accuses another of—is a bit of equitable common sense that practitioners ought not to forget. In a recent patent...more

5/18/2016 - Motion To Strike Patent Infringement Patent Litigation Patents Subject Matter Experts

Bench Trial Findings Come Back to Bite Finjan

Collateral Estoppel Results In Summary Judgment On Priority Date, Finjan, Inc. v. Proofpoint, Inc., et al., Case No. 13-cv-05808 (Judge Haywood Stirling Gilliam, Jr.) - How does an accused infringer use a patentee’s...more

4/21/2016 - Collateral Estoppel Patent Infringement Patent Litigation Patents Summary Judgment

Simple Beats Precise: No Need for Carve-Outs Before Using Previously Produced Discovery

Discovery Order, Richtek Technology Corp. v.. uPI Semiconductor Corp., et al., Case No. 09-cv-05659-WHA (Magistrate Judge Laurel Beeler) - Here is a riddle for you: when can an interest in reducing cost and burden...more

4/8/2016 - Discovery ITC Trade Secrets

District Courts Won’t Wait Forever: Stay Lifted Pending Rehearing of IPR Denial

Order Lifting Stay, MLC Intellectual Property, LLC v. Micron Technology, Inc., Case No. 14-cv-03657-SI (Judge Susan Illston) As we have reported in the past, judges in the Northern District are generally willing to stay a...more

4/7/2016 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patent-in-Suit Patents Stays

Synthesizing More Lessons From the Silicon v. Cresta Frequency Synthesizer Case

Order Re: Motions For Summary Judgement And Defendant’s Motion To Strike, Silicon Laboratories, Inc. v. Cresta Technology Corporation. Case No. 14-cv-03227-PSG (Judge Paul S. Grewal) - As we previously reported, the...more

3/11/2016 - Claim Construction Estoppel Patent Infringement Patent Litigation Patents

It’s All “Relative”, But No Different Here Under the New Nautilus Indefiniteness Standard

Order Denying Defendant’s Motion For Summary Judgement As To Indefiniteness, Silicon Laboratories, Inc. v. Cresta Technology Corporation. Case No. 14-cv-03227-PSG (Judge Paul S. Grewal) - In one of his most famous...more

3/10/2016 - Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents

Monkey Business: A Primate Can’t Claim Copyright in Selfies

Order Granting Motions to Dismiss, Naruto, et al. v. Slater, et al., Case No. 15-cv-04324-WHO (Judge William Orrick) - Are photographic “selfies” a uniquely human conceit? Parties in a Northern District copyright lawsuit...more

2/8/2016 - Authorship Copyright Infringement Motion to Dismiss PETA Photographs Selfies The Copyright Act

Costly Consequences to Limiting Discovery Scope

Order Re: “Other Enplas Lenses”, Enplas Display Device Corp., et al. v. Seoul Semiconductor Co., Ltd., Case No. 13-cv-05038 (U.S. Magistrate Judge Nathanael M. Cousins) - Sometimes, it works to a patent owner’s advantage...more

12/31/2015 - Declaratory Judgments Discovery Patent Infringement Patent Litigation

An Ounce of Prevention: Patent Claiming Anti-Malware Software Is Not Abstract

Finjan, Inc. v. Blue Coat Systems, Inc., Case No. 13-cv-03999 (11.20.15 Judge Beth Freeman) - It looks like the battle between non-practicing entity Finjan and defendant Blue Coat Systems is coming to an end, at least in...more

12/4/2015 - Abstract Ideas Damages Malware Patent Infringement Software Patents

Fruitful Harvest of Attorneys’ Fees and Sanctions for Farmville Creator Zynga

Order Granting Motion for Attorneys’ Fees: Granting Motion in Part for Sanctions, Segan LLC v. Zynga Inc., Case No. 14-cv-01315-VC (Judge Vince Chhabria) - We previously reported on the Segan v. Zynga case when Judge...more

9/17/2015 - Attorney's Fees Frivolous Lawsuits Motion for Summary Judgment Octane Fitness v. ICON Online Gaming Patent Infringement Patent Litigation Patents Rule 11 Sanctions SCOTUS Websites Zynga

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a...more

9/16/2015 - Algorithms Appeals Copyright Copyright Infringement Copyright Litigation Digital Media DMCA Fair Use Good Faith Music Industry Online Videos Software Takedown Notices The Copyright Act Universal YouTube

Federal Circuit Panel Expands Reach of §271(a) Liability for Divided Infringement

On remand from the U.S. Supreme Court, a unanimous en banc Federal Circuit panel in Akamai Technologies, Inc. v. Limelight Network, Inc., Nos. 2009-1372, -1380, -1416, -1417 (August 13, 2015) this week revised its standard...more

8/17/2015 - Akamai Technologies Covered Business Method Patents Divided Infringement En Banc Review Joint Venture Limelight Limelight v Akamai Patent Infringement SCOTUS

En Banc Federal Circuit Upholds ITC’s Broad Definition of Induced Infringement

Earlier this week, an en banc Federal Circuit interpreted the scope of Section 337 of the Tariff Act (19 U.S.C. § 1337), which proscribes importation of "articles that … infringe" a U.S. patent. (Suprema, Inc. v....more

8/13/2015 - ALJ Cease and Desist Orders Fingerprints Induced Infringement ITC Patent Infringement Patent Litigation Patents Software Software Developers Tariff Act of 1930

Third Time’s A Charm? Court Denies Motion to Dismiss and Anti-SLAPP Motion

Order Denying Defendants’ Motion to Dismiss and Anti-SLAPP Motion to Strike, Sonus Networks, Inc. v. Inventegry, Inc., C-15-0322 EMC (Judge Edward Chen) - Patent licensing company Inventegry, Inc. recently suffered some...more

8/10/2015 - Anti-SLAPP Breach of Contract Declaratory Judgments Huawei Motion To Strike Patent Infringement Patent Litigation Patents RICO Unfair Competition

Uber Takes A Ride Back To State Court: Federal Court Dismisses Conversion Claim, Remands Trade Secret Misappropriation Case Back...

Order on Motion to Remand, Kevin Halpern, et al., v. Uber Technologies, Inc., et al., 15-cv-02401-JSW (Magistrate Judge Jacqueline Corley) - Uber has faced its share of challenges of late, from the established taxi...more

8/7/2015 - Breach of Contract CA Supreme Court Conversion Intellectual Property Litigation Misappropriation Mobile Apps Popular Preemption Sharing Economy Taxi Cabs The Copyright Act Trade Secrets Uber

Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

8/3/2015 - Appeals Breach of Contract FRAND Germany Injunctions ITC Jury Trial License Agreements Microsoft Motorola Patent Infringement Patent Royalties Patents Popular Standard Essential Patents

CEOs May Be at the “Apex” of Their Companies, But They Can Still Be Deposed

Order Re: Discovery Dispute, Finisar Corp. v. Nistica, Inc., Case No. 13-cv-03345-BLF (Magistrate Judge Jacqueline Scott Corley) - One of the more contentious issues in civil litigation involves the question of under...more

7/8/2015 - Depositions Discovery Patent Infringement Patents

Magistrate Judge Grewal Wrestles with Kessler

Report and Recommendation Denying Motion For Judgment On the Pleadings, Technology Properties Limited LLC v. Barnes & Noble, 3:12-cv-03863-VC (Magistrate Judge Grewal) - “Talk up anyone in the patent litigation...more

6/4/2015 - Barnes and Noble ITC Kessler Doctrine Patent Infringement Patents

When a Picture is Not Enough: Specificity of Infringement Contentions

Order Requiring Parties to Meet and Confer Regarding Infringement Contentions, Monolithic Power Systems, Inc. v. Silergy Corporation, et al., 14-cv-01745 (Magistrate Judge Westmore) - The cliché that “a picture is...more

6/3/2015 - Infringement Meet and Confer Patent Infringement Patent Litigation Patents Photographs

“And One”: Stricken Infringement Contentions Warrant Dismissal And Judgment of Non-Infringement

Order Entering Judgment, Blue Spike LLC v. Adobe Systems, Inc., 14-cv-01647 (Judge Yvonne Gonzales-Rogers) - Bay Area fans of the red-hot Golden State Warriors are familiar with basketball’s “and one” rule: if a player...more

5/29/2015 - Adobe Patent Infringement Patent Litigation Patents

Cooling Off Defendant’s Obviousness Case

Findings of Fact and Conclusions of Law; Order Entering Judgment for Plaintiff, Asetek Danmark A/S v. CMI USA, Inc., Case No. 13-cv-00457-JST (Judge Jon S. Tigar) - Questions of obviousness can present some of the most...more

5/4/2015 - Computer-Related Inventions Obviousness Patent Litigation Patents Prior Art

N.D. Cal Interprets the Biological Price Competition Act

Amgen Inc., et al. v. Sandoz Inc., et al., No. 14-cv-04741RS - On March 19, the Northern District of California became the first court to interpret two key provisions of the Biological Price Competition Act: whether...more

3/30/2015 - Appeals Biosimilars BPCIA FDA Pharmaceutical Industry Pharmaceutical Patents Sandoz v Amgen

WHAT’S GOOD FOR THE GOOSE IS GOOD FOR THE GANDER – Parties Seeking To Depose Foreign-Based Witnesses In The U.S. Should Be...

Parties suing in the United States with foreign-based witnesses take heed, as you may find your foreign-based witnesses traveling to the United States for depositions. On February 12, 2015, Magistrate Judge Paul Grewal...more

3/11/2015 - Depositions Foreign Nationals International Travel Litigation Fees & Costs Travel Expenses Witnesses

There Is No “I”(P) in “Team”

Judge Donato Rule 12(c) motion granted; five patents found invalid for claiming an abstract concept: “the unremarkable concept of people working together on a project.” Open Text S.A. v. Box, Inc. et al. Case No....more

1/30/2015 - Abstract Ideas Alice Corporation Judgment on the Pleadings Patent-Eligible Subject Matter Patents

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