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District Court Rules That Claim Construction Requested For First Time During Trial Is Waived

During the trial, the plaintiff, Arthrex, requested that the district court construe the term "proximal end" in certain of the patent-in-suit, U.S. Patent No. 8,821,541 ("the '541 patent"). The district court determined that...more

District Court Orders Additional Claim Construction Briefing After Plaintiff Appeared to Argue a Different Position in Other...

After the district court conducted a claim construction hearing (but before it issued an order), the district court stayed the litigation between Finjan and Symantec pending a decision by the PTAB regarding whether to...more

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

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

District Court Requires Plaintiffs to State Whether "Plain Meaning" Encompasses Defendants' Proposed Claim Constructions

In this patent infringement action, the defendants asked the district court to compel the plaintiffs to provide constructions for disputed claim terms identified by the parties under the Local Patent Rules. Defendants...more

District Court Declines to Stay Action Pending Inter Partes Review ("IPR") Where Claim Construction Briefing Had Already Occurred

After the PTAB granted Defendant's petition for IPR on certain of the claims in the patent-in-suit, the defendant filed a motion to stay the action pending the resolution of the IPR. The plaintiffs objected to a stay, but...more

District Court Declines to Delay Transfer of Case Pending Ruling on Claim Construction

The plaintiffs, Chrimar Systems, Inc. and Chrimar Holding Company, LLC ("Chrimar"), filed a motion to reconsider the district court's order granting Ruckus Wireless, Inc.'s ("Ruckus") motion to transfer venue to the Northern...more

District Court Declines to Modify Claim Construction Based on PTAB Denial of IPR

Adidas AG ("Adidas"), filed a patent infringement action against Under Armour, Inc. ("Under Armour") and MapMyFitness, Inc. ("MapMyFitness") alleging that they infringed over a dozen patents. After Under Armour and...more

District Court Declines Request to Vacate Claim Construction Order after Parties Enter into Consent Judgment

Canvs filed a patent infringement action in 2014 asserting that Nivisys induced and contributed to the infringement of its patent through the sale of TACS and TACS-M products. After a lengthy stay, the district court held a...more

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

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

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

Supreme Court's Decision in Teva Does Not Require Federal Circuit to Review Immaterial or Improper Fact-Finding under a Clear...

After an appeal to the Federal Circuit, Defendant Arthrex, Inc. ("Arthrex") filed a motion to reopen the judgment under FRCP 60(b). Arthrex premised its motion on the argument that the judgment should be reopened in light of...more

District Court Denies Motion for Leave to File Summary Judgment as Premature Prior to Claim Construction

Rec Software USA, Inc. ("Rec") filed a patent infringement action against HTC America, Inc. ("HTC"). HTC requested leave to file a motion for summary judgment based on 35 U.S.C. §101. The request for leave to file the summary...more

District Court Denies Motion to Exclude Defendants' Experts from Claim Construction But Orders the Defendants to Supplement Their...

In this patent infringement action, the plaintiff filed a motion to exclude the defendants' claim construction experts. The plaintiff's motion was based on the argument that the defendants' disclosures did not comply with...more

District Court Declines to Hear Early Motion for Summary Judgment on Section 101 and Postpones Hearing until Claim Construction

In the pending patent infringement action between Netflix and Rovi, Netflix filed a motion for summary judgment, seeking a ruling that Rovi's patents are invalid under 35 U.S.C. § 101. After the motion was filed, the district...more

Plaintiff Loses Motion for Summary Judgment after District Court Concludes that Dispute over Person of Ordinary Skill in the Art...

The plaintiff, MyMedicalRecords ("MMR"), owns U.S. Patent No. 8,498,883 (the '883 Patent) entitled "Method for Providing a User with a Service for Accessing and Collecting Prescriptions." MMR asserted claims 1-3 of the '883...more

Motion to Reconsider Claim Construction Order on Indefiniteness after Nautilus Denied Where District Court Found Term Definite

Defendant Stealth Cam, LLC ("Stealth Cam") requested that the district court reconsider its Claim Construction Order holding that the term "extending parallel" was not indefinite. The district court first noted that...more

Supreme Court's Decision on Indefiniteness Constitutes Basis to Reconsider Prior Claim Construction Order But Does Not Result in...

In this patent infringement action, Defendant Lighthouse Photonics Corporation's ("Lighthouse") moved to reconsider the Court's Claim Construction Order. Lighthouse argued three reasons for reconsideration: "first, Newport...more

Court Denies Motion to Compel Plaintiff's Expert Testimony Prior to Claim Construction

Plaintiff Glas-Weld Systems, Inc., filed a patent infringement and unfair competition action against defendants Michael P. Boyle, dba Surface Dynamix, and Christopher Boyle. Plaintiff moved for partial summary judgment and to...more

Potential Inventor Declarations Excluded for Claim Construction Where Specific Inventors and Their Proposed Testimony Were Not...

In this patent infringement action, a dispute arose over whether the defendant B/E Aerospace could rely on declarations from one or more of the inventors of the asserted patent in support of its claim construction position....more

FlatWorld v. Apple: Motion to Vacate Claim Construction Denied Even after Parties Reach Settlement

After the district court issued a Markman ruling, the parties informed the court that they had reached an agreement in principle to settle the action. The plaintiff, FlatWorld, then moved to vacate the claim construction...more

Potter Voice v. Microsoft: Microsoft's Request to Exclude Expert Declaration for Claim Construction Denied Where Microsoft's...

In this patent infringement action, Potter Voice submitted an expert declaration of David Klausner for the purpose of claim construction. Microsoft moved to exclude the declaration under Fed.R.Evid. 702....more

District Court Declines to Vacate Claim Construction Order After Settlement Agreement

After Single Touch Interactive, Inc. ("Single Touch") and Zoove Corporation ("Zoove") reached a settlement in their patent infringement action, both parties filed a stipulated motion to vacate the district court's previous...more

Summary Judgment Granted Where District Court Determined Patent Was Not Infringed Because Not All of Infringing Steps of Method...

Automatic Data Processing, Inc. ("ADP") filed a declaratory judgment action against Wellogix, Inc., and Wellogix Technology Licensing LLC ("Wellogix") for a determination that ADP does not infringe a Wellogix method patent on...more

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