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Infringement Action Dismissed Due to Patent Co-Owner's Refusal to Join

In STC.UNM v. Intel Corp., Fed. Cir., No. 2013-1241 (June 6, 2014), The Federal Circuit found that the plaintiff patent owner did not have standing for its infringement claims because one of the four co-owners had not been...more

6/25/2014 - Infringement Patent Infringement Patent Litigation Patents

District Court in Delaware Denies Motions to Transfer Where Transfer Would Require Litigation in Multiple Districts

In these patent infringement actions, the defendants moved to transfer to three different district courts. As explained by the district court, "[t]here are currently six pending actions in the District of Delaware involving...more

6/12/2014 - Infringement Jurisdiction Patent Infringement Patent Litigation Patents Rules of Civil Procedure Transfers Venue

Infringement Expert Excluded Where Expert Did Nothing More Than Parrot Claim Language in Infringement Analysis

Plantronics, Inc. ("Plantronics") filed a patent infringement action against ALIPH, Inc. ("ALIPH"). After expert reports were submitted, ALIPH moved to exclude the expert report of Plantronics' infringement expert. At...more

3/12/2014 - Expert Testimony Expert Witness Infringement Patent Infringement Patent Litigation Patents

Summary Judgment Motion Denied Where Expert's Opinion Established a Triable Issue of Fact on Infringement

Geotag, Inc ("Geotag") filed a patent infringement action against Frontier Communications Corp. ("Frontier"). Frontier filed a motion for summary judgment of non-infringement, arguing that no triable issue of material fact...more

2/17/2014 - Expert Witness Infringement Patent Infringement Patent Litigation Patents Summary Judgment

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 v Boston Scientific Medtronics Patent Infringement Patent Litigation Patents SCOTUS

Carnegie Mellon v. Marvell: District Court Denies Marvell's Equitable Defenses Finding That Marvell Has Not Acted Equitably Toward...

In this patent infringement case brought by Carnegie Mellon University ("CMU"), against Marvell Technology Group, Ltd. and Marvell Semiconductor, Inc. (collectively "Marvell"), CMU alleged that Marvell has infringed two of...more

1/21/2014 - Infringement Patent Infringement Patent Litigation Patents Willful Infringement

Damage Expert's Failure to Consider Non-Infringing Alternatives Justifies Summary Judgment of No Lost Profits

Protegrity Corporation ("Protegrity") filed a patent infringement action against Voltage Security, Inc. ("Voltage")over patents that allegedly cover methods, systems and apparatuses for encrypting electronic data. Protegrity...more

1/8/2014 - Infringement Lost Profits Patent Infringement Patent Litigation Patents Summary Judgment

Claims for Inducing Infringement and Contributory Infringement Dismissed for Failure to Allege Knowledge of Patent-in-Suit

Unisone Strategic IP, Inc. ("Unisone") filed a patent infringement action against Tracelink, Inc. ("Tracelink"). Tracelink filed a motion to dismiss the claims for indirect (induced and contributory) infringement because...more

1/6/2014 - Contributory Infringement Induced Infringement Infringement Patent Infringement Patents

Taser Takes Down Expert in Patent Infringement Action Where Electrical Engineer Was Not Qualified to Offer Expert Opinions on...

Taser International, Inc. ("Taser') proceeded to trial on its patent infringement action against Karbon Arms, LLC ("Karbon Arms"). After expert reports and with the trial approaching, Taser filed a motion to exclude the...more

1/2/2014 - Expert Testimony Expert Witness Infringement Patents

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

11/27/2013 - Canada Claim Construction Covered Business Method Patents Infringement Patents Summary Judgment

Plaintiff Moves to Continue Trial Date Based on Dispute with Counsel; District Court Denies the Motion and Warns That Failure to...

In this patent infringement action that was originally filed against a number of defendants, plaintiff Alexsam, Inc. ("Alexsam") moved for a continuance of the impending trial date set for October 2013. To support the motion,...more

11/4/2013 - Continuances Dismissals Infringement Patents

Unwired Planet v. Google: Court Reverses Decision Limiting Google to Prior Art References

Unwired Planet LLC ("Unwired Planet") filed a patent infringement action against Google and it originally identified 124 claims from ten patents as its asserted claims against Google. Unwired subsequently reduced the number...more

11/4/2013 - Google Infringement Obviousness Patents Prior Art

Covenant Not to Sue Does Not Prevent Finding of Exceptional Case and Award of Attorneys' Fees Where Adverse Determinations Were...

Plaintiffs Kim Laube & Co. ("Laube") brought this patent infringement action against Defendant Wahl Clipper Corp. ("Wahl") for infringement of U.S. Patent No. 6,473,973 ("the '973 Patent"), which is titled "Disposable Cutting...more

11/4/2013 - Attorney's Fees Covenant Not to Sue Inequitable Conduct Infringement Inter Partes Reexamination Patents

NetAirus v. Apple: District Court Strikes Survey Expert Where Survey Expert's Methodology Made No Effort to Shield Respondents...

In this patent infringement action, Plaintiff NetAirus Technologies, LLC ("NetAirus") asserted that Apple infringes U.S. Patent No. 7,103,380 (the "'380 Patent"). The '380 Patent claims methods in which a "handset unit [ ]...more

11/4/2013 - Apple Expert Testimony Infringement Internet Networks Patent Infringement Patent Litigation Patents

District Court Sua Sponte Orders Claims for Indirect Infringement and Willfulness Dismissed for Failure to Plead Pre-Suit...

Eclipse IP LLC ("Eclipse") filed several patent infringement actions against a number of defendants, in which it alleged indirect infringement (both inducing and contributory) as well as willfulness. The district court sua...more

11/4/2013 - Infringement Patent Infringement Patents Willful Infringement

WiLAN v. Alcatel-Lucent: Parties Agree to Dismiss Dispute and Vacate Claim Construction Order But District Court Declines to...

WiLAN USA, Inc. ("Wi-LAN") filed a patent infringement action against Alcatel-Lucent USA Inc. ("Alcatel-Lucent"). After a lengthy claim construction order, the parties filed a joint motion to vacate the claim construction...more

10/3/2013 - Claim Construction Infringement Motion to Vacate Patents

Activision TV Obtains Preliminary Injunction Against Nebraska Attorney General: Court Permits Law Firm to Represent Activision in...

Activision TV, Inc. ("Activision") filed a patent infringement action against Pinnacle Bancorp, Inc. ("Pinnacle"). Counsel for Activision, Farney Daniels, had previously sent letters to companies throughout the United States...more

9/30/2013 - Enforcement Infringement Patent Infringement Patents Preliminary Injunctions

Motion to Amend Infringement Contentions Denied Where Plaintiff Waited Too Long After Claim Construction Ruling

Plaintiff Power Integrations, Inc. ("Power Integrations" or "PI") filed a patent infringement action against Defendants Fairchild Semiconductor Int'l, Inc., Fairchild Semiconductor Corp. (collectively, "Fairchild") and System...more

9/6/2013 - Claim Construction Infringement Motion to Amend Summary Judgment Waivers

Tomita v. Nintendo: Remittitur or New Trial Ordered on $30M Damage Verdict Where Jury Likely Weighed Profitability of Games Rather...

Tomita Technologies USA, LLC ("Tomita") won a jury verdict of $30M against Nintendo in patent infringement action. The jury found that Nintendo's 3DS infringed the patent-in-suit (the '664 patent) and that the '664 patent was...more

8/19/2013 - Infringement Jury Verdicts Nintendo Patent Litigation Patents Remittitur Video Games

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