Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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Latest Posts › Evidence


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

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 Declines to Admit Denial of Petition for Inter Partes Review ("IPR") into Evidence before Jury

In a pending patent infringement action, Apple moved to preclude the plaintiff, Wisconsin Alumni Research Foundations ("WARF") from offering evidence or argument regarding the Patent Office's denial of an IPR that Apple...more

10/21/2015 - Apple Evidence Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Prior Art USPTO

Expert Is Not Permitted to Testify to Alternate Hypothetical Negotiation Dates Where No Hypothetical Negotiation Was Conducted for...

After the parties submitted expert reports in this patent infringement action, Ford objected to Eagle Harbor's damage expert's expected testimony and demonstratives. Ford objected to Eagle Harbor's evidence because it...more

3/31/2015 - Evidence Expert Testimony Patent Litigation Patent Royalties Patents Royalties

Invalidity Expert Excluded Where Expert Failed to Conduct a Proper Written Description Analysis

Plaintiff Trading Technologies International, Inc. ("TT") moved to strike the invalidity expert report of the defendant, CQG. TT made two arguments its motion: " that Dr. Mellor failed to conduct a proper written description...more

6/12/2014 - Evidence Exclusions Expert Testimony Expert Witness Patent Infringement Patent Litigation Patents

PersonalWeb v. Google: Duty to Preserve Emails Began When Patent Was Acquired

PersonalWeb Technologies, LLC ("PersonalWeb") filed a patent infringement action against Google for infringement of its "Truenames" patents. Google filed a motion for sanctions based on a contention that PersonalWeb...more

3/5/2014 - Duty to Preserve Email Evidence Google Patents Spoliation

District Court Refuses to Vacate Sanctions Ruling for Spoliation after Settlement

Digital-Vending Services International, LLC ("Digital-Vending") filed a patent infringement action against The University of Phoenix, Inc. and Apollo Group, Inc. ("Defendants"). During the course of the litigation, the...more

2/20/2014 - Evidence Patent Infringement Patent Litigation Patents Settlement Spoliation

Supreme Court Rules That Patent Owner Always Bears the Burden of Proof on Patent Infringement

In a nine to zero decision authored by Justice Breyer, the United States Supreme Court reversed a decision of the Federal Circuit and held that when a licensee seeks a declaratory judgment against a patentee that the...more

2/3/2014 - Burden of Proof Evidence Infringement Medtronic Medtronic v Boston Scientific Patent Infringement Patent Litigation Patents SCOTUS

Kimberly-Clark v. First Quality: District Court Excludes Expert Testimony on Obviousness for Failure to Include the Opinion on...

Kimberly-Clark Worldwide, Inc. ("Kimberly-Clark) filed a patent infringement action against First Quality Baby Products, LLC ("First Quality") over a variety of patents relating to disposable absorbent products, such as...more

12/23/2013 - Evidence Exclusions Expert Testimony Expert Witness Obviousness

District Court Excludes Royalty Calculation of Defense Expert Where Expert Used an Incorrect Date for the Hypothetical Negotiation

As Cassidian Communications, Inc.'s ("Cassidian") patent infringement case against Microdata GIS, Inc. ("Microdata") moved toward trial, Cassidian moved to exclude the testimony of defendants' expert. The motion to exclude...more

12/16/2013 - Evidence Exclusions Expert Testimony Negotiations Royalties

Robocast v. Apple and Microsoft: Preliminary Surveys Ordered Produced Even Where Expert Did Not Rely Upon Surveys and Had Deleted...

Robocast filed patent infringement actions against Apple and Microsoft. As expert reports were underway, Apple and Microsoft moved to compel undisclosed surveys that were commissioned by one of Robocast's experts. As the...more

9/23/2013 - Apple Evidence Expert Testimony Intellectual Property Litigation Microsoft Surveys

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