Monte Cooper

Monte Cooper

Orrick, Herrington & Sutcliffe LLP

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Trying to Erase the Past: Judge Won’t Vacate Section 101 Ruling After Settlement

Order Denying Motion to Vacate Judgment, Protegrity USA, Inc. v. Netskope, Inc., Case No. 15-cv-02515-YGR (Judge Yvonne Gonzalez Rogers) - When parties settle a case, they usually want to put it all behind them and move...more

9/23/2016 - Appeals Motion to Vacate Patent Infringement Patent Invalidity Patent Litigation Patents Section 101

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

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

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

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

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

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

Federal Circuit Provides Important Guidance in RAND Disputes

On Dec. 4, 2014, the Federal Circuit issued a much-anticipated opinion in Ericsson, Inc. v. D-Link Sys., Inc., Nos. 2013-1625, -1631, -1632, -1633 (Fed. Cir. Dec. 4, 2014). The panel—consisting of Judges Kathleen O'Malley,...more

12/9/2014 - Ericsson Patent Litigation Patent Royalties Patents RAND Royalties Standard Essential Patents

Ultramercial Inc. v. Hulu, LLC: Federal Circuit Invites Early Challenges to Subject Matter Eligibility of Software Patents

Earlier this year, in Alice v. CLS Bank, the Supreme Court set out guidelines for determining whether patents claiming software and hardware features are statutorily eligible for patentability under 35 U.S.C. § 101. Following...more

11/21/2014 - CLS Bank v Alice Corp Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Software Ultramercial v Hulu

On Obtaining and Asserting Both Trade Secret and Patent Protection: The ITC and Federal Circuit Weigh In

We’ve written previously about how intellectual property owners can obtain both patent and trade secret protection in the same technology. A case out of the Federal Circuit illustrates that IP holders sometimes choose to...more

10/16/2014 - ITC Patents Technology Trade Secrets

Alice v. CLS Bank: A Unanimous Supreme Court Rules On When Computer Claims are Patent-Eligible Under 35 U.S.C. § 101

On June 19, 2014, the United States Supreme Court issued its opinion in Alice Corp. Pty. Ltd. v. CLS Bank International, No. 13-298, addressing the question of when patents claiming aspects of computer software satisfy the...more

6/25/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Supreme Court Liberalizes Award of Attorney Fees in Patent Cases

Yesterday, describing the Federal Circuit's two-part test as "unduly rigid" and "impermissibly encumber[ing] the statutory grant of discretion to district courts," Justice Sonia Sotomayor delivered a pair of unanimous U.S....more

4/30/2014 - Attorney's Fees Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

U.S. Supreme Court Holds That Patentees Bear the Burden of Proof of Infringement in DJ Actions Brought by Licensee

A patentee bears the burden of proving infringement when a licensee seeks a declaratory judgment of non-infringement, the U.S. Supreme Court has held. The ruling reversed the Federal Circuit and clarified declaratory...more

1/28/2014 - Burden of Proof Evidence Genentech Infringement License Agreements MedImmune v Genentech Medtronic Medtronic v Boston Scientific Patent Infringement Patent Litigation Patents Royalties SCOTUS

Reverse Payment Settlements Now Subject to Antitrust Scrutiny, But Lower Courts Left to Fill in the Blanks

Earlier this week in FTC v. Actavis, No. 12-416 (U.S. Jun. 17, 2013), the Supreme Court handed down its long-anticipated ruling on “reverse payment” or “pay-for-delay” agreements, holding that these agreements—while not...more

6/19/2013 - Antitrust Litigation FTC FTC v Actavis Generic Drugs Hatch-Waxman Patent Infringement Patents Pharmaceutical Industry Reverse Payment Settlement Agreements

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

On May 10, 2013, the en banc Federal Circuit issued its highly anticipated decision in CLS Bank Int’l v. Alice Corp. Pty. Ltd., No. 2011-1301, concerning whether computer-implemented method and system claims are patent...more

5/16/2013 - Computer-Related Inventions Infringement Patent-Eligible Subject Matter Patents

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