Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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District Court Concludes that Plaintiff Is Collaterally Estopped from Asserting Two Related Patents After Court in Another...

In this patent infringement action, the Defendant moved for dismissal based on collateral estoppel and Alice contending that a prior district court had found the patents invalid for lack of patentable subject matter. Before...more

10/25/2016 - Collateral Estoppel Dismissals Issue Preclusion Patent Infringement Patent-Eligible Subject Matter

District Court Denies Motion for Preliminary Injunction Where Inter Partes Review ("IPR") Pending on Claims from Different Patent...

In earlier patent infringement litigation, the Plaintiff sued DNA, LLC ("Ancestry") in the District of Delaware ("Delaware litigation") alleging infringement of U.S. Patent Number 8,221,381 (the "'381 patent")....more

10/21/2016 - Patent Infringement Patent Litigation Preliminary Injunctions

District Court Refuses to Amend Protective Order to Permit Expert, Who Was Former Employee of Competitor, to Review Confidential...

In this patent infringement action, the defendant, High 5 Games ("High 5"), moved for an order overruling the plaintiff's, Konami Gaming, Inc. ("Konami"), objection to an expert witness viewing confidential information. In...more

10/19/2016 - Confidential Information Expert Witness Federal Rules of Evidence Patent Infringement Protective Orders

CG Technology v. DraftKings: District Court Stays Discovery Pending Motion to Dismiss Challenging Validity of Asserted Patents...

DraftKings filed a motion to stay discovery until the district court had an opportunity to rule on the a motion to dismiss. The motion to dismiss asserted that all of the ten patents-in-suit were invalid because they claimed...more

10/13/2016 - DraftKings Federal Rule 12(b)(6) Motion to Dismiss Motion To Stay Patent-Eligible Subject Matter Patent-in-Suit Patents

Oracle v. Google: Violation of Protective Order to Disclose Confidential Information in Open Court

In this long standing litigation between Oracle and Google, a dispute arose over the protective order and whether the disclosure of certain information violated the terms of the protective order when it was disclosed in open...more

10/11/2016 - "protective order Oracle v Google Patent Litigation

District Court Holds that Document Retention and Destruction Policies Are Privileged under Court's Default Discovery Standard

In this patent infringement action, the plaintiff sought production of the defendant's document retention and document destruction policies. The defendant asserted that the request sought information protected by work product...more

10/6/2016 - Attorney-Client Privilege Discovery Document Destruction Document Retention Policies Patent Litigation

District Court Declines to Vacate Ruling That Patent Is Invalid for Covering Unpatentable Abstract Ideas after the Parties Settled...

The Plaintiffs filed a patent infringement action against the defendant, Netskope, accusing Netskope of infringing U.S. Patent Number 7,305,707 (the "707 Patent"). Netskope filed a motion for judgment on the pleadings, which...more

10/4/2016 - Appeals Motion for Judgment Motion to Vacate Patent Infringement Settlement

Plaintiff Granted Dismissal Based on Covenant Not to Sue Even With Motion to Dismiss for Lack of Patentable Subject Matter Pending

The plaintiff, Shipping and Transit, LLC ("Plaintiff"), filed a patent infringement action against Defendant Neptune Cigars, Inc. ("Defendant"), for infringement of U.S. Patent Nos. 6,415,207 ("the '207 Patent") and 6,763,299...more

9/29/2016 - Covenant Not to Sue Motion to Dismiss Patent Infringement Subject Matter Jurisdiction

District Court Excludes Damage Expert's Opinion Based On Faulty Royalty Calculation

In this patent infringement action between Finjan and Sophos, the district court had previously granted a motion to exclude Finjan's damage expert. The district court explained that the expert's, Layne-Farrar, "method of...more

9/27/2016 - Apportionment Expert Witness Motion to Exclude Patent Infringement Royalties

District Court Denies Request to Preclude Defendant from Sharing Confidential Information of Plaintiff with PTAB as part of Inter...

In this patent infringement action between Ultratec and CaptionCall, CaptionCall filed a motion for relief from the stipulated protective order in order to use confidential commercial information from Ultratec (the...more

9/22/2016 - Confidential Information Inter Partes Review Proceedings Patent Infringement Protective Orders

District Court Stays Litigation Pending Inter Partes Review ("IPR") over Defendant's Objection That Summary Judgment Motion Should...

After the Patent Trial and Appellate Board ("PTAB") instituted inter partes review ("IPR") of all asserted claims in three of the Patents-in-Suit and with the PTAB's decision on FMC's petition for IPR of the fourth challenged...more

9/20/2016 - Inter Partes Review Proceedings Markman Hearing Multi-Factor Test Order to Stay Patent-in-Suit

District Court Precludes Damage Expert from Using a Settlement Agreement to Derive a Reasonable Royalty Calculation Where Expert...

MAX Encryption Technologies ("MAZ") filed a patent infringement action against Blackberry for patent entitled "Method of Transparent Encryption and Decryption for an Electronic Document Management System," U.S. Patent No....more

9/15/2016 - Blackberry Encryption Expert Testimony Patent Infringement Royalties Settlement Agreements

District Court Orders Production of Source Code in Searchable Format

The plaintiff, [24]7 Customer, Inc. ("[24]/7"), filed a lawsuit against Defendant LivePerson, Inc. ("LivePerson") alleging that LivePerson infringed several patents pertaining to a customer engagement software platform. After...more

9/13/2016 - Online Platforms Patent Infringement Source Code

Sprint v. Comcast: District Court Denies Request for Attorney's Fees Pending Appeal to the Federal Circuit

Plaintiff Sprint Communications Company brought suit against Defendants Comcast Cable Communications, LLC and Comcast IP Phone, LLC alleging infringement of six of its patents related to telecommunications and data...more

9/7/2016 - Attorney's Fees Comcast Corporate Counsel Motion for Judgment Patent Infringement Sprint Telecommunications

Grecia v. McDonald's: District Court Grants Motion to Dismiss Where McDonald's Could Not "Use" System for Patent Infringement...

The plaintiff, Grecia, alleged that McDonald's infringed certain claims of U.S. Patent No. 8,533,860 ("the '860 patent") and of U.S. Patent No. 8,402,555 ("the '555 patent") through its use of the "tokenization systems" of...more

9/7/2016 - Credit Cards Direct Infringement Dismissals McDonalds Patent Infringement Payment Processors

Murata v. Daifuku: District Court Denies Preliminary Injunction Motion for a Second Time After Remand from Federal Circuit Based...

In September 2013, Murata filed a patent infringement action alleging that Daifuku infringed three of its patents (the "Original Patents"). A year later, in September 2014, Murata moved to amend its Complaint to add two...more

9/2/2016 - Federal Rules of Civil Procedure Inter Partes Review Proceedings Leave to Amend Patent Infringement Preliminary Injunctions Remand Stays

EON v. Apple: District Court Permits Plaintiff to Present Technology Tutorial Through Expert Consultant Not Previously Designated

Apple filed an objection to EON's plan to present a technology tutorial through its expert consultant. Apple asserted that the consultant was not disclosed as an expert on whom EON intended to rely upon during claim...more

8/30/2016 - Apple Claim Construction Expert Witness

Boston University v. Everlight: District Court Grants Immediate Appeal Over Whether Lump-Sum Royalty Award Can Be Converted to...

After a jury awarded the Trustees of Boston University ("BU") a $9.3 million dollar one-time lump-sum payment from Epistar and a $4 million dollar one-time lump-sum payment from Everlight, the district court denied the...more

8/25/2016 - Lump Sum Offers Motion for Reconsideration Patent Litigation Royalties

District Court Denies Apple's Request to Add Acacia into Patent Infringement Lawsuit as Alter Ego of Plaintiff

In this patent infringement action, Apple filed a motion to add additional Acacia entities as plaintiffs in the action. Apple's primary argue was that the Acacia entities were the alter egos of the plaintiff and that the...more

8/23/2016 - Alter Ego Apple Attorney's Fees Patent Infringement Popular

District Court Denies Request for Production of Documents Provided to Prospective Litigation Funding Organizations

In this patent infringement action, the defendant sought the production of documents that the plaintif, IOENGINGE, had provided to potential companies that could fund litigation. IOENGINGED claimed that the documents were...more

8/17/2016 - Document Productions Patent Infringement Work-Product Doctrine

District Court Excludes Evidence of Lost Profits Where Inventor Did Not Make Products That Practiced the Patent Even Though a...

In this patent infringement action, the defendants filed a motion in limine to exclude evidence of any claimed lost profits damages alleged by the plaintiff, the inventor of the patent-in-suit. The defendants asserted that...more

8/15/2016 - Inventors Lost Profits Motion to Exclude Motions in Limine Patent Infringement Patent Litigation

District Court Grants Motion to Strike Errata Changing Deposition Answers from a "Yes" to a "No"

In this patent infringement action, the defendants filed a motion to strike an errata change to the deposition testimony of a witness, Joseph Tindall. The district court noted that if the errata were allowed, it would change...more

8/12/2016 - Depositions Motion To Strike Patent Infringement Patent Litigation Patents Rule 30(e) Testimony Young Lawyers

District Court Precludes Defendant from Making Disparaging Remarks Directed at Patent and Trademark Office in Front of Jury But...

Core Wireless Licensing ("Core Wireless") filed a patent infringement action against LG Electronics, Inc. ("LG"). As the matter approached trial, both parties filed motions in limine. Core Wireless filed a motion to prevent...more

8/9/2016 - Disparagement LG Electronics Motions in Limine Patent Infringement USPTO

Jury's Finding of Willfulness Sufficient Under Halo to Support Judgment of Willful Infringement

Sociedad Espanola de Electromedicina Y Calidad, S.A. (Sedecal) filed a patent infringement action against Blue Ridge X-Ray Company, Inc. (Blue Ridge X-Ray), DRGEM USA, Inc. (DRGEM USA), and DRGEM Corporation (DRGEM Corp.),...more

8/5/2016 - Halo v Pulse Jury Awards Patent Infringement Willful Infringement

District Court Denies Motion to Lift Stay Even after Federal Circuit Affirms PTAB's Decision Upholding Claims of Patent-in-Suit...

The district court had previously granted a stay pending an inter partes reexamination by the United States Patent and Trademark Office ("PTO") of U.S. Patent No. 6,797,454 (the "'454 patent"). After the PTO affirmed the...more

8/2/2016 - Inter Partes Reexamination Patent Litigation Petition for Writ of Certiorari Stays

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