Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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District Court Denies Agreed Upon Consent Judgment and Permanent Injunction Where Parties Failed to Submit Consent and Injunction...

After the parties settled the lawsuit, the district court dismissed the case without prejudice, subject to the right of any party to re-open the action within sixty days, upon good cause shown, or to submit a stipulated form...more

6/29/2016 - Motion to Dismiss Patent Litigation Permanent Injunctions Settlement Agreements Subject Matter Jurisdiction

District Court Declines Parties Joint Motion to Sever New Defendant from Pending Action

In this patent infringement action, the parties filed a joint motion to request that the district court sever Defendant Contour, LLC ("Contour") from the case. VStream, the plaintiff, had not effected service on Contour until...more

6/27/2016 - Case Consolidation Markman Hearing Motion To Sever Patent Infringement Patent Litigation Service of Process

After a Jury Trial Determining that the Defendant Infringed Several Valid Patents, the District Court Certified the Partial...

Plaintiffs asserted that defendants infringed several patents. The district court bifurcated liability and damages for all four patent infringement claims. After a jury trial, the jury concluded that the patents were valid...more

6/23/2016 - Bifurcation Damages Inter Partes Review Proceedings Jury Trial Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Rule 54(b)

Defendant's "Piecemeal" Approach to Discovery and Review of Only Select Files of Corporate Employees Results in Sanctions

In this patent infringement action, the defendants conducted a "piecemeal approach to discovery, reviewing only the files of select corporate employees." The district court found that this approach was contrary to the Federal...more

6/20/2016 - Attorney's Fees Discovery FRCP 26 Motion to Compel Patent Infringement Patent Litigation Sanctions

District Court Denies Request to Stay Discovery Pending Motion to Dismiss Based on Patent-Ineligible Subject Matter

J. Crew filed a motion to dismiss the plaintiffs' claims for patent infringement pursuant to Federal Rule of Civil Procedure 12(b)(6), asserting that the patents-in-suit are drawn to patent-ineligible subject matter and...more

6/15/2016 - CLS Bank v Alice Corp Discovery Federal Rule 12(b)(6) J Crew Motion to Dismiss Motion To Stay Patent Infringement Patent-Eligible Subject Matter Section 101

District Court Denies Request for Order Compelling Production of Damage Expert Report from a Different Pending Case

In this patent infringement action between Chrimar Systems, Inc. ("Chrimar") and Alcatel-Lucent USA, Inc. ("Lucent"). Lucent sought production of the damages expert report of Plaintiffs' damages expert, Robert Mills, that was...more

6/14/2016 - Confidential Information Expert Testimony Motion to Compel Patent Infringement Patent Litigation Protective Orders Subpoenas

District Court May Preclude Evidence from Parent Company Where Parent Company Was Dismissed from Case and Then Refused to Provide...

When this patent infringement action began, the plaintiff explained that it was concerned that it would not be able to obtain important discovery if Ricoh Company Ltd. ("RCL"), which is the parent company of the defendants,...more

6/10/2016 - Discovery Japan Letters Rogatory Motion to Compel Order to Show Cause Parent Corporation Patent Infringement Patent Litigation Rule 30(b)(6)

As Part of Protective Order, District Court Orders Prosecution Bar and Covenant Not to Sue for New Patents Acquired by Patent...

In this patent infringement action, a dispute arose between Plaintiff Blackbird Tech LLC ("Blackbird") and the defendants over the terms of proposed protective orders to govern the use of confidential information produced....more

6/7/2016 - Confidential Information Corporate Counsel Covenant Not to Sue Inadvertent Disclosure Patent Infringement Patent Litigation Patent Portfolios Patent Prosecution Protective Orders

District Court Precludes Evidence of Patent Trial and Appeal Board's Denial of Institution of Inter Partes Review at Trial

As this patent infringement action proceeded to trial, Google filed a motion in limine to exclude evidence of Google's petitions for Inter Partes Review ("IPR") of claims of the patent-in-suit and the Patent Trial and Appeal...more

6/2/2016 - Evidence Google Inter Partes Review Proceedings Motion to Exclude Patent Infringement Patent Litigation Patent Trial and Appeal Board

District Court Strikes Infringement Contentions and Sanctioned Plaintiff for Taking Inconsistent Positions

The defendant, Echoworx, brought a motion to strike ZixCorp's infringement contentions. ZixCorp had served its original infringement contentions on Echoworx, contending that the elements of the patent-in-suit are software...more

5/31/2016 - Discovery Good Faith Motion To Strike Patent Infringement Patent Litigation Sanctions Software Source Code

District Court Strikes Documents That Were Not Produced During Discovery Even Though Documents Were Publically Available

In this patent infringement action, Mobile Telecommunications Tech., LLC ("MTel") filed against Blackberry Corp., MTel moved to exclude certain exhibits that were archived press releases published by RCR Wireless and SkyTel...more

5/25/2016 - Blackberry Duty to Disclose Federal Rules of Civil Procedure Motion To Strike Patent Infringement Patent Litigation Rule 26 Rule 37

Court Declines to Modify Judgment Based on Collateral Proceedings before the PTAB Finding Claims of Patent-In-Suit Invalid

Summary: In the decision referenced below, the court declined to modify a judgment pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure even though the PTAB had found several claims of the patent-in-suit...more

5/23/2016 - Administrative Proceedings Article III Damages Federal Rules of Civil Procedure Patent Invalidity Patent Royalties Patent Trial and Appeal Board Patent-in-Suit Summary Judgment

Failure to Institute Inter Partes Review Is Not Grounds for Common Law Estoppel to Prevent Defendant from Re-Litigating Issues...

The defendant filed a petition for Inter Partes Review ("IPR") with the Patent Office. As part of its application, it submitted a 65 page brief along with several hundred pages of accompanying evidence. The plaintiffs...more

5/19/2016 - Administrative Boards Collateral Estoppel Final Judgment Inter Partes Review Proceedings Patent Litigation

District Court Grants Permanent Injunction after Summary Judgment Ruling in Favor of Patent Holder Where Defendant Was Direct...

After the district court granted the plaintiff's motion for summary judgment of patent infringement, the district court addressed whether a permanent injunction was appropriate. The patent at issue, U.S. Patent No. 6,065,794...more

5/16/2016 - Patent Infringement Patent Litigation Permanent Injunctions

District Court Refuses to Recognize "Apex" Doctrine for Documents Created by Inventor and Global Leader of Company

The defendant filed a motion to compel, seeking a wide array of discovery against Plaintiffs Dyson, Inc. and Dyson Limited (collectively, "Plaintiffs") to produce emails belonging to James Dyson ("Dyson"). Plaintiffs asserted...more

5/11/2016 - Apex Doctrine Burden of Proof Claim Construction Discovery Document Productions Motion to Compel Patent Infringement Patent Litigation

Experts Ordered to Produce Draft Reports Exchanged with Other Experts

In this patent infringement action, the plaintiff, BRP, alleged three counts of patent infringement against Arctic Cat concerning snowmobile frame construction and snowmobile rider positioning. BRP alleged patent infringement...more

5/9/2016 - Discovery Expert Witness Patent Infringement Patent Litigation Patents

District Court Denies Request to Have Invalidity Case Proceed Prior to Infringement Case

The parties in this patent infringement action could not agree on the order of proof at trial. Defendants sought to present their invalidity defense first, arguing that if the patent is invalid, they could not be liable for...more

5/6/2016 - Affirmative Defenses Burden of Proof Judicial Discretion Jury Instructions Noninfringement Patent Infringement Patent Invalidity Patent Litigation

District Court Declines to Grant Voluntary Dismissal of Action with Motion for Judgment on the Pleadings Pending Where Patent Was...

After a district court in the Eastern District of Virginia invalidated the patent-in-suit because it did "not pass the two part test laid out by the Supreme Court in Mayo and Alice." Peschke Map Techs. LLC v. Rouse Properties...more

5/3/2016 - Attorney's Fees Collateral Estoppel Mootness Motion for Judgment Motion to Dismiss Patent Infringement Patent Invalidity Patent Litigation Prevailing Party

District Court Grants Indicative Ruling to Vacate Judgment Based on Settlement of the Parties

In this patent infringement action, the parties reported that they had settled their dispute while it was pending before the Federal Circuit. The settlement was contingent upon the district court's granting an indicative...more

4/28/2016 - Federal Rules of Civil Procedure Final Judgment Mootness Patent Infringement Patent Litigation Public Interest Settlement Agreements Vacatur

District Court Strikes Affirmative Defenses of Laches, Waiver, Estoppel and Acquiescence for Lack of Sufficient Detail

After the plaintiff filed a Second Amended Complaint against Fieldpiece Instruments, Inc. ("Defendant") for patent infringement, the Defendant filed its an answer raising a series of affirmative defenses to Plaintiff's...more

4/25/2016 - Acquiescence Affirmative Defenses Estoppel Laches Patent Infringement Patent Litigation

Covenant Not to Sue Insufficient to Warrant Dismissal of Counterclaims Where Covenant Contained Reservation of Rights

The plaintiff filed a motion to dismiss the defendants' patent invalidity counterclaims for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. Rule 12(b)(1) because the plaintiff withdrew its patent infringement...more

4/20/2016 - Breach of Contract Confidentiality Agreements Counterclaims Covenant Not to Sue Evidence Mootness Patent Infringement Patent Invalidity Patent Litigation Reservation of Rights Subject Matter Jurisdiction

District Court Orders Production of Settlement Agreements But Denies Request for Deposition That Would Go Beyond Four Corners of...

Plaintiffs filed a declaratory judgment action seeking a declaration that U.S. Patent No. 7,923,221 (the "Cabilly III patent"), owned by Defendants, is invalid and therefore Plaintiffs do not owe royalties with respect to...more

4/18/2016 - Abuse of Discretion Declaratory Judgments Discovery Document Productions Genentech IP License Motion to Compel Patent Invalidity Patent Litigation Patent Royalties Sanofi-Aventis Settlement Agreements Writ of Mandamus

District Court Asks Google and Oracle to Consent to Ban on Internet Research of Jury Panel

Following up on the district court's previous ruling barring the use of jury questionnaires, the district court addressed the issue of whether any Internet research of the potential jurors should be permitted. After analyzing...more

4/13/2016 - Google Internet Juror Juror Selection Jury Selection Oracle Oracle v Google Personal Data Popular Social Media

District Court Declines to "Reverse" Bifurcate Trial to Try Damages before Patent Infringement and Calls Motion "Baseless"

California Home Spas, Inc. ("CHS") filed a motion to bifurcate the trial between damages and infringement and asserted that the damage trial should proceed first. As noted below, the district court denied the request finding...more

4/11/2016 - Bifurcation Damages Frivolous Lawsuits Patent Infringement Patent Litigation

After Settlement, District Court Declines to Vacate Sanctions Order Requested by Joint Motion from All Parties

After all parties agreed to settle the case, the parties jointly moved to vacate a sanctions order. The district court declined to vacate the sanctions order, even though plaintiff's counsel had apparently complied with the...more

4/7/2016 - Judges Motion to Vacate Patent Infringement Patent Litigation Sanctions Settlement

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