Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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District Court Grants Summary Judgment of No Damages for Failure to Mark

Plaintiff Juno Manufacturing, LLC ("Plaintiff" or "Juno") filed a patent infringement complaint against Defendant Nora Lighting, Inc. ("Defendant" or "Nora"). The complaint alleged that Defendant infringed Plaintiff's patent,...more

9/2/2015 - Constructive Notice Labeling Notice Requirements Patent Infringement Patents Summary Judgment

District Court Denies Motion to Exclude CEO from Providing Expert Testimony on Infringement

Defendant filed a motion to strike plaintiff's expert report on infringement, asserting that the report failed to comply with Fed.R.Civ.P. 26 because, among other things, the report did not constitute a written report under...more

8/31/2015 - Expert Testimony Expert Witness Federal Rules of Civil Procedure Information Reports Motion To Strike Patent Infringement Patents Rule 26

Enovsys v. AT&T: Court Excludes Plaintiff's Damage Expert for Failure to Apportion and Sua Sponte Bifurcates Trial into Liability...

After the court struck plaintiff's damage expert's report for failing to tie damages to the limited feature of the patented invention, the court permitted the plaintiff to submit a supplemental expert report. Once the...more

8/26/2015 - AT&T AT&T Mobility Calculation of Damages Expert Witness Fair Market Value Patent Litigation Patents Royalties

Motion for Judgment on the Pleadings Based on Unpatentability Under Section 101 Denied Where Patents Were Not Directed to an...

Defendants Motorola Mobility, LLC, Amazon.com, Inc., Apple Inc., Huawei Technologies Co., Ltd., Huawei Device USA, Inc., HTC Corp., HTC America, Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and...more

8/24/2015 - Amazon Apple HTC America Judgment on the Pleadings Motion for Judgment Motorola Patent Litigation Patent-Eligible Subject Matter Patents Samsung Section 101

In-House Counsel Ordered to Sit for Additional Deposition After Emails Improperly Withheld on Basis of Privilege

Sprint Communications Company, L.P., filed a patent-infringement action against Comcast Cable Communications, LLC, Comcast IP Phone, LLC, and Comcast Phone of Kansas, LLC (collectively, "Comcast"). The district court had...more

8/21/2015 - Attorney-Client Privilege Comcast Depositions Email Patent Infringement Patent Litigation Patents Sprint Telecommunications

District Court Denies Stay Based on Inter Partes Review ("IPR") Where Less than 25% of Claims at Issue were Subject to IPR

Defendants HTC America, Inc., HTC Corporation, AT&T Mobility LLC, Cellco Partnership, Sprint Spectrum L.P., Kyocera Corporation, Boost Mobile, T-Mobile USA, Inc. and ZTE (USA), Inc. filed a motion to stay pending resolution...more

8/20/2015 - AT&T Mobility Discovery HTC HTC America Inter Partes Reexamination Inter Partes Review Proceedings Motion To Stay Patent Litigation Patents Sprint T-Mobile Telecommunications USPTO Wireless Industry

Smartflash v. Apple: District Court Stays Case Sua Sponte Based on Pending Covered Business Method ("CBM") Patent Review

The court had previously stayed a cased pending between Smartflash LLC and Amazon and simultaneously declined to stay an earlier-filed case between Smartflash LLC and Apple, Inc. because the stay request came after a jury...more

8/13/2015 - Amazon Apple Covered Business Method Patents Covered Business Method Proceedings Interlocutory Appeals Patent Litigation Patents Stays Sua Sponte

District Court Denies Motion to Stay Pending Inter Partes Review as "Toss Up"

The Boeing Company ("Boeing") filed a motion to stay pending inter partes review" ("IPR") after Boeing had requested that the United States Patent and Trademark Office ("PTO") conduct an inter partes review of U.S. Patent No....more

8/11/2015 - Boeing Inter Partes Review Proceedings Motion To Stay Patents USPTO

District Court Excludes Plaintiff's Infringement Expert for Conflict of Interest

Mobile Telecommunications Technologies, LLC ("Mobile") filed a patent infringement action against LG Electronics Mobilecomm U.S.A. ("LG"). As trial approached, LG filed a motion to disqualify Mobile's infringement expert, Dr....more

8/6/2015 - Confidential Information Conflicts of Interest Expert Witness Patent Infringement Patents

District Court Stays Case Pending Petition for Writ Certiorari to the United States Supreme Court

After the Federal Circuit remanded the case to the district court, the defendant filed a motion to stay the case pending the United States Supreme Court's review of the petition for writ of certiorari. As explained by the...more

8/3/2015 - Motion To Stay Patent Litigation Patents Petition for Writ of Certiorari SCOTUS

District Court Strikes "Shotgun Complaint" That Incorporated Allegations by Reference in Each Count

Lanard Toys Limited ("Lanard") filed a patent infringement action against Toys "R" US. Lanard subsequently filed a four-count Amended Complaint and Demand for Trial by Jury, both of which were filed in the United States...more

7/29/2015 - Amended Complaints Federal Rules of Civil Procedure Jury Trial Patent Infringement Patent Litigation Patents Pleadings Rule 11

Smartflash v. Apple: After $500M Verdict, District Court Grants New Trial on Damages Based on Improper Use of Entire Market Value...

After a jury returned a verdict against Apple, Apple filed a motion for judgment as a matter of law or a new trial. The district court subsequently notified the parties pursuant to Rule 59(d) that it was considering granting...more

7/27/2015 - Apple Calculation of Damages Fair Market Value IP License Jury Instructions Motion for Judgment Patent Litigation Patents Royalties

District Court Lifts Stay after PTAB Confirms Eight Claims Even Though Defendant Planned to Appeal to the Federal Circuit

The district court had previously granted Defendant Respironics, Inc.'s ("Respironics") unopposed motion to stay the patent infringement action filed by the plaintiff, Zoll, pending an inter partes review ("IPR") of the...more

7/21/2015 - Inter Partes Review Proceedings Motion To Stay Patent Infringement Patent-in-Suit Patents USPTO

Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Merely Alleged That It Had All Substantial Rights to Patent

Verify Smart Corp. ("Verify") filed a patent infringement action against Bank of America, N.A. ("BoA"), alleging infringement of United States Patent No. 8,285,648 ("the '648 Patent"). As part of its complaint, Verify claimed...more

7/20/2015 - Bank of America IP License License Agreements PATENT Act Patent Infringement Patents Popular Standing

After Transfer, Case Is Stayed Pending IPR Even Though Only Three of Twenty-Two Claims Were at Issue in the IPR

Plaintiff ACQIS, LLC ("ACQIS") filed a patent infringement action in the Eastern District of Texas alleging that Defendant EMC Corporation ("EMC") had infringed claims in 11 patents owned by ACQIS. Specifically, ACQIS alleged...more

7/16/2015 - Claim Construction Inter Partes Review Proceedings Motion To Stay Order to Stay Patent Infringement Patent Litigation Patents

District Court Denies Motion to Amend Complaint to Add New Patents Even Though Patents Had Not Issued at Time of Original Filing...

Plaintiff West View Research ("West View") filed five separate patent infringement complaints on the same date against various automobile manufacturers. Each action asserted a combination of patents, all from the same patent...more

7/14/2015 - Auto Manufacturers Automotive Industry Case Consolidation Claim Construction Motion to Amend Patent Infringement Patent Litigation Patents

After Claim Construction, District Court Allows Opposing Experts to Testify to Different Definitions of "Using" At Trial and the...

The parties filed opposing motions against each side's expert witness over a dispute between the parties as to what the word "use" means. In its Markman order, the district court had construed the term "Internet Protocol...more

7/9/2015 - Cross Examination Jury Trial Markman Hearing Patent Litigation Patents Subject Matter Experts

District Court Orders Transfer of Case During Claim Construction Briefing: Did the Transfer Stay the Briefing Deadlines?

Defendants LG Electronics Inc. and LG Electronics U.S.A., Inc. (collectively, "LG") filed a motion to clarify the district court's order transferring the case to the district of New Jersey, seeking a ruling that the court's...more

7/6/2015 - Claim Construction LG Electronics Patent Litigation Patents Transfers

Court Denies "Emergency" Motion to Lift Temporary Stay Noting That Plaintiff "Is Palpably Irritated," But "That's Not Going to Cut...

In this patent infringement action, Meyer Products LLC ("Meyer Products" or "defendant") filed a motion to stay the case pending an inter partes review. After the motion was filed, the court set a briefing schedule. As part...more

7/3/2015 - Inter Partes Review Proceedings Motion To Stay Patent Infringement Patent Litigation Patents

Emergency Motion to Stay Granted Where PTAB Issued Decision Invalidating All Asserted Claims

Defendants filed an emergency motion to stay the case pending an appeal of the PTAB's decision that invalidated all of the asserted claims in the patent-in-suit. Earlier in this case, Defendants had petitioned for inter...more

7/1/2015 - Appeals Inter Partes Review Proceedings Motion To Stay Patent Trial and Appeal Board Patent-in-Suit Patents

District Court Stays Patent Infringement Action Pending Inter Partes Review Prior to Institution of Review by Patent Trial and...

The plaintiff CRFD Research, Inc. ("CRFD") filed a patent infringement action defendants Dish Network Corporation, Dish DBS Corporation, Dish Network L.L.C., Echostar Corporation, and Echostar Technologies L.L.C....more

6/25/2015 - Dish Network Hulu Inter Partes Review Proceedings Netflix Patent Infringement Patent Trial and Appeal Board Patents Spotify

Case Dismissed After Claims Upon Which Lawsuit Was Initiated Were Cancelled During Re-Examination

Defendant Extended Disc North America, Inc. ("EDNA") filed a motion for summary judgment of non-infringement and invalidity, and, alternatively, a motion to dismiss against plaintiff Target Training International, Ltd.'s...more

6/23/2015 - Ex Partes Reexamination Motion for Summary Judgment Motion to Dismiss Motion To Stay Noninfringement Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patent-in-Suit Patents USPTO

Retailer Permitted to Sell Existing Inventory after Preliminary Injunction Issued against Manufacturer

After the plaintiff Cordelia Lighting, Inc. ("Cordelia") obtained a preliminary injunction against Zhejiang Yankon Grp. ("Yankon"), Cordelia sought to add certain retailers to the injunction. Cordelia owns U.S. Patent No....more

6/17/2015 - Design Patent Intellectual Property Litigation Lighting Equipment Lowes Manufacturers Patent Infringement Patents Preliminary Injunctions Retailers

Claw Back of Privileged Documents Fails Where Defendants Had Used the Documents in Depositions, Expert Reports and in Briefs...

Defendants filed a motion to compel Adaptix to re-produce documents that Adaptix had clawed back on the grounds of privilege. Adaptix had early produced the documents in several productions. The Defendants argued in the...more

6/15/2015 - Attorney-Client Privilege Clawbacks Depositions Discovery Motion to Compel Patent Infringement Patent Litigation Patents Privilege Waivers Work Product Privilege Work-Product Doctrine

District Court Denies Section 101 Challenge to Patent Validity Where Claims Described a Specialized System

Defendant Murphy USA Inc. ("Murphy") filed a motion for summary judgment of invalidity as to certain claim U.S. Patent No. 6,076,071 ("the '071 Patent") and one claim of U.S. Patent No. 6,513,016 ("the '016 Patent") on the...more

6/10/2015 - Electronics Patent Invalidity Patent-Eligible Subject Matter Presumption of Validity Section 101 Summary Judgment

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