Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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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

After Defendant Seeks to Claw Back Attorney-Client Privileged Documents, District Court Determines Privileged Waived (Including...

The defendants produced documents in response to plaintiffs' first set of requests for production and included in the production were five documents that the defendants were later claim were subject to attorney-client...more

7/28/2016 - Attorney-Client Privilege Clawbacks Depositions Discovery Federal Rules of Evidence Patent Litigation Privilege Waivers Rule 502 Work Product Privilege

District Court Orders Production of Bills from Expert Witnesses But Permits Redaction of Narrative Statements in Bills

In this patent infringement action, the defendant, Ericsson moved to compel the plaintiff, TCL, to produce bills and invoices for worked performed by TCL's expert witnesses. TCL sought to redact the bills and invoices to...more

7/26/2016 - Discovery Document Productions Ericsson Expert Witness Motion to Compel Patent Infringement Patent Litigation Redaction Rule 26

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 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)

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 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 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 Denies Motion to Present Live Video Testimony at Trial

In this patent infringement action, defendant Dynamic Drinkware, Inc. ("Drinkware" or "Defendant") filed a motion to permit it to present live video testimony at trial, or, in the alternative, to take the deposition of a...more

4/5/2016 - Corporate Counsel Depositions Discovery Patent Infringement Patent Litigation Protective Orders Summary Judgment

District Court Precludes Plaintiff from Presenting Damage Theories That Were Not Disclosed in Rule 26(a) Disclosures

The plaintiff, Radware, planned to present damages theories in its closing argument seeking more than twice the damages that its retained expert on damages computed. The district court noted that "[w]hile expert testimony is...more

3/28/2016 - Calculation of Damages Closing Arguments Discovery Expert Testimony Patent Litigation Rule 26

District Court Declines to Exclude Damage Expert Even Though Expert Relied Upon Information Not Disclosed During Discovery

Plaintiffs Equistar Chemicals, LP and MSI Technology, LLC accused Westlake Chemical Corporation ("Westlake") of infringing U.S. Patent No. 7,064,163. The asserted patent relates to a method of making polyolefin-based adhesive...more

3/15/2016 - Cross Examination Damages Daubert Hearing Discovery Expert Testimony Federal Rules of Evidence Patent Infringement Patent Litigation

The Problem with Backup Tapes: District Court Orders Retention of Old Backup Tapes for Ongoing Litigation

In this patent infringement action pending in a multi-district litigation, one of the defendants moved the district court for an order allowing the defendant to destroy old backup tapes. Defendant ICM, Inc. ("ICM") moved for...more

3/1/2016 - Corporate Counsel Data Retention Discovery Multidistrict Litigation Patent Infringement Patent Litigation

Applying New Proportionality Requirements, Court Grants Motion to Compel and Orders Production of Unredacted Tax Returns and...

In this patent infringement action, Slide Fire Solutions, LP ("Slide Fire") moved to compel discovery responses from Bump Fire Systems ("Bump Fire"). Bump Fire also requested a protective order to prevent the disclosure of...more

2/23/2016 - Attorney's Fees Confidential Information Discovery FRCP 26(b)(1) Motion to Compel Patent Infringement Patent Litigation Proportionality Tax Returns

Defendants' Motion Seeking to Depose Opposing Counsel Denied Where Defendants Could Not Show That Information Was Unavailable from...

After the plaintiff filed suit against the defendants for patent infringement, the defendants contended that they uncovered during discovery a series of e-mails demonstrating that in 2011, plaintiff engaged plaintiff's...more

2/11/2016 - Depositions Discovery Motion to Compel Patent Infringement Patent Litigation Rule 30(b)(6) Samsung

District Court Denies Motion for Leave to Have Forensic Expert Report Used as Affirmative Evidence

The defendants filed a motion for leave to have the forensic expert report of Curtis Rose considered as affirmative evidence. The defendants timely served Rose's expert rebuttal report but sought to use his opinions as...more

1/14/2016 - Discovery Expert Testimony Garmin International Motion for Leave Patent Litigation

District Court Denies Discovery Served Too Close to Discovery Cut-Off

Plaintiff filed a patent infringement action, alleging that Defendant B2B Supply and Defendant Jerrell P. Squyres (hereinafter "Defendants") infringed U.S. Patent No. 7,731,462 (the '462 patent). Toward the end of discovery,...more

12/23/2015 - Additional Discovery Discovery Patent Infringement

District Court Grants Sanctions Reducing Number of 30(b)(6) Depositions, Awarding Costs to Plaintiff and with a Warning that...

In this patent infringement action, the plaintiff filed a motion for discovery sanctions. The plaintiff argued in its motion that defendant failed to comply with the district court's October 7, 2015 oral discovery order and...more

12/21/2015 - Depositions Discovery Patent Infringement Patent Litigation Rule 30(b)(6) Sanctions

Turf Wars: District Court Permits Expert to Use Replicas of Athletic Fields in Front of Jury

The plaintiffs, Fieldturf USA and Tarkett Inc. (collectively, "Fieldturf") filed a patent infringement action against Astroturf LLC ("Astroturf"). In defense, Astroturf intended to present expert testimony on anticipation...more

10/5/2015 - Discovery Motions in Limine Patent Infringement Patent-in-Suit Patents Popular Special Master

Court Declines to Stay Discovery Pending Motion to Dismiss Under Section 101 Because Court Does Not Believe That There Is an...

The defendants filed a motion to stay discovery until the district court ruled upon its motion to dismiss pursuant to 35 U.S.C. § 101. In their motion to stay, Defendants asserted that its motion to stay discovery should be...more

9/29/2015 - Discovery Motion to Dismiss Motion To Stay Patent Litigation Patents

Court Orders Sanctions for Failure to Produce Source Code on a Timely Basis

Plaintiffs Ericsson Inc. and Telefonaktiebolaget LM Ericsson's ("Ericsson") filed a motion to compel discovery of source code and technical documents, pursuant to Local Patent Rule 3-4 in the Eastern District of Texas. As...more

9/28/2015 - Discovery Document Productions Ericsson Local Rules Motion to Compel Patent Infringement Patent Litigation

District Court Stays Action Pending Appellate Review of Motion to Compel Privileged Documents

The district court had previously ordered plaintiffs to produce certain documents to the extent that documents containing communications between plaintiff and its non-attorney patent agents were not subject to the...more

9/16/2015 - Appeals Attorney-Client Privilege Discovery Document Productions Inter Partes Review Proceedings Mandamus Petitions Motion To Stay Multi-Factor Test Patent Trial and Appeal Board Patents Samsung

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

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

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