Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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Failure to Institute Inter Partes Review Is Not Grounds for Common Law Estoppel to Prevent Defendant from Re-Litigating Issues...

The defendant filed a petition for Inter Partes Review ("IPR") with the Patent Office. As part of its application, it submitted a 65 page brief along with several hundred pages of accompanying evidence. The plaintiffs...more

5/19/2016 - Administrative Boards Collateral Estoppel Final Judgment Inter Partes Review Proceedings Patent Litigation

Chestnut v. Apple: District Court Puts Plaintiff to the Test--Proceed on Limited Number of Claims or Continue Stay pending Inter...

In this patent infringement action, the plaintiff asserted claims from two different patents against Apple. Apple filed an Inter Partes Review ("IPR") with the Patent Trial and Appeal Board ("PTAB") and moved to stay the case...more

2/18/2016 - Apple Inter Partes Review Proceedings Motion To Stay Patent Infringement Patent Litigation Patent Trial and Appeal Board

District Court Grants Motion to Exclude Proceeding before PTAB during IPR But Allows Admissions and Arguments Made to PTAB to go...

The plaintiff, Magna, filed a motion in limine to exclude references to Inter Partes Review ("IPR") proceedings. The defendant, TRW, filed a response, arguing that evidence was relevant to multiple issues at trial, including,...more

2/15/2016 - Admissible Evidence Inter Partes Review Proceedings Jury Trial Motion to Exclude Obviousness Patent Invalidity Patent Litigation Patent Trial and Appeal Board

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

1/28/2016 - Claim Construction Inter Partes Review Proceedings Markman Hearing Motion To Stay Patent Litigation Patent Trial and Appeal Board

District Court Lifts Stay Pending Inter Partes Review ("IPR") after the USPTO Declined to Institute Review on Two of the Three...

The district court had previously stayed all proceedings in the pending an IPR. The district court issued the stay because the USPTO proceedings had the potential to resolve the validity of most of the claims in the...more

11/30/2015 - Inter Partes Review Proceedings Order to Stay Patent Litigation Patents USPTO

District Court Administratively Terminates Motion to Dismiss Because of Pending Inter Partes Reviews ("IPRs")

In this patent infringement action, Watson Laboratories, Inc.'s ("Watson") moved to dismiss several counts of the complaint filed by Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited (collectively, "Jazz")....more

11/18/2015 - Federal Rules of Civil Procedure Inter Partes Review Proceedings Motion to Dismiss Patent Infringement Pharmaceutical Patents

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

District Court Denies Defendants' Motion to Stay Pending Inter Partes Review ("IPR") Where Third Parties Filed IPRs and Defendants...

In this patent infringement case, Plaintiff Signal IP, Inc. ("Signal") alleged that Defendants Ford Motor Company ("Ford") and Fiat Chrysler US LLC ("FCA") (collectively "Defendants") infringed upon six of patents. The...more

10/19/2015 - Chrysler Ford Motor Inter Partes Reexamination Inter Partes Review Proceedings Motion To Stay Patent Infringement Patents Validity

It Is Cold Out There: District Court Denies Joint Stipulation to Stay Case Pending Inter Partes Review -- Twice

In consolidated patent infringement actions between Arctic Cat and Polaris, Artic Cat filed four petitions for inter partes review ("IPR") of two patents asserted by Polaris. Three days after the IPRs were filed, the parties...more

9/18/2015 - Case Consolidation Inter Partes Review Proceedings Motion To Stay Patent Litigation Patents

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 Awards Defendant Its IPR-Related Fees Under § 285

In Deep Sky Software, Inc. v. Southwest Airlines Co., Defendant Southwest Airlines ("Southwest") sought its fees and costs following the successful inter partes review of the patent-in-suit, which resulted in all of the...more

9/9/2015 - Attorney's Fees Exceptional Case Inter Partes Review Proceedings Patent Infringement Patent Invalidity Patent-in-Suit Patents Southwest Airlines

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

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 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

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

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

District Court Denies Motion to Stay Pending Inter Partes Review Where Trial Was Less Than a Year Away and Defendant's Previous...

Presidio Components, Inc. ("Presidio") filed a complaint against American Technical Ceramics Corp. ("ATC") asserting a claim for patent infringement. ATC filed a motion to stay the case pending PTO review of the...more

5/11/2015 - Inter Partes Review Proceedings Motion To Stay Patent Infringement Patents

District Court Dismisses Action after Patent Is Transferred to President of Company

After Plaintiff Pi-Net International, Inc. ("Pi-Net") brought suit against Defendants Focus Business Bank and Bridge Bank, N.A. for patent infringement, the Patent and Trademark Office initiated an Inter Partes Review ("IPR")...more

4/20/2015 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent-in-Suit Patents Standing Stays Transfer of Assets

District Court Agrees to Stay Action Pending Inter Partes Review ("IPR") But Only if Defendants Agreed to Be Bound by Estoppel...

After the defendants moved to stay a patent infringement action pending an IPR, the district court analyzed the impact of a potential withdrawal of petitioners from the IPR. The district court began its analysis with the...more

3/16/2015 - Estoppel Inter Partes Review Proceedings Motion To Stay Patent Infringement Patents Withdrawal

District Court Declines to Stay Proceeding Pending Inter Partes Review Where Plaintiff and Defendant Were Direct Competitors

Card-Monroe Corp. ("CMC") manufactures tufting machines and equipment. CMC holds several patents that pertain to its machines and equipment. Tuftco Corp. ("Tuftco") is a competitor of CMC, which also engages in the...more

3/12/2015 - Inter Partes Review Proceedings Manufacturers Motion To Stay Patent Litigation Patents

District Court Denies Motion to Lift Stay Pending Inter Partes Review Even Where Plaintiff Agreed to Not Pursue Claims That Were...

Barco filed a patent infringement action in September 2011 against Defendants Eizo Nanao Corporation and Eizo Nanao Technologies, Inc. ("Eizo"), alleging that Eizo infringed various claims in U.S. Patent No. 7,639,849 (the...more

2/27/2015 - Intellectual Property Litigation Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents USPTO

Court Denies Motion to Stay Pending New Inter Partes Review ("IPR") Denied Where PTO Had Previously Declined to Institute an IPR...

The defendant, Samsung, had previously filed IPRs on several of plaintiff's patents, which were granted and denied in part. After the plaintiff reduced its asserted claims to those that the PTO had declined to institute...more

2/18/2015 - Inter Partes Review Proceedings Motion To Stay Patents Samsung USPTO

Court Continues Stay Pending Inter Partes Review Even Though PTO Declined to Institute Review on Patent

The district court had previously stayed the patent infringement action between Nidec Motor Corporation and Broad Ocean Motor pending the PTO's decision on whether to institute an inter partes review on three of the...more

2/16/2015 - Auto Manufacturers Automotive Industry Intellectual Property Litigation Inter Partes Review Proceedings Patent Litigation Patents PTO Stays

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