Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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District Court Precludes New Substitute Witness for Failure to Timely Disclose

As trial approached in this patent infringement action, the plaintiff, 511 Innovations, Inc., filed a motion to exclude a witness at trial, Tim Benner from testifying at trial. The motion asserted that the defendant, Samsung,...more

3/9/2017 - Depositions Discovery Expert Witness Motion to Exclude Patent Infringement Samsung

District Court Denies Request to Change Expert Date Based on Change in Defense Counsel

Plaintiff Genes Industry, Inc. ("Genes") filed a patent infringement action against Defendant Custom Blinds and Components, Inc. ("Custom"). The patent discloses a winding wheel for use on window coverings....more

2/27/2017 - Discovery Expert Reports Motion for Continuance Patent Infringement

District Court Stays Case Pending Inter Partes Review After Non-Petitioning Defendant Agrees to be Bound by Estoppel Provisions

In a previous order, the district court granted a motion to stay pending Inter Partes Review ("IPR") but deferred ruling on the Motion to Stay with respect to EMC Corporation "until EMC Corporation has filed a Notice with the...more

2/21/2017 - Estoppel Inter Partes Review (IPR) Proceeding Patent Litigation Stays

District Court Excludes Damage Expert for Failure to Apportion But Gives Expert One More Opportunity to Supplement Report

In this patent infringement action, Plaid sought to exclude the entirety of the plaintiff's damage expert's, Robinson's, reasonable royalty analysis as based on an apportionment "plucked out of thin air." Yodlee opposed the...more

2/14/2017 - Apportionment Calculation of Damages Ericsson Patent Infringement Royalties

District Court Denies Motion to Compel Inadvertently Produced Privileged Documents

In this patent infringement action, Teva inadvertently produced documents to Sunovion. Teva subsequently attempted to claw back the documents under the parties' protective order. ...more

2/7/2017 - Confidential Information Discovery Motion to Compel Patent Infringement Pharmaceutical Patents Teva Pharmaceuticals

District Court in the Eastern District of Texas Orders Retention and Production of Participants in Jury Research

In keeping with the standing order issued by Judge Gilstrap for jury trials that strongly discouraged jury research in the Eastern District of Texas, Magistrate Judge Love recently issued a similar order for patent case...more

1/31/2017 - Jury Selection Patent Litigation

District Court Orders Production of Attorney-Client Communications Between Opinion Counsel and Trial Counsel Based on Advice of...

Plaintiff Krausz Industries Ltd. ("Krausz") filed a motion for an order compelling Defendants Smith-Blair, Inc. and Sensus USA, Inc. (collectively "Smith-Blair") to allow discovery into various attorney-client communications...more

1/24/2017 - Advice-of-Counsel Defense Attorney-Client Privilege Privilege Waivers Willful Infringement Work-Product Doctrine

District Court Denies Motion to Withdraw Deemed Admissions

The plaintiff filed an ex parte application to be relieved of admissions that were deemed admitted for failure to respond. In analyzing the ex parte application, the district court first concluded that the plaintiff had...more

1/17/2017 - Failure To Respond Motion to Withdraw Patent Litigation

District Court Denies Motion to Stay Pending Ex Parte Reexamination Where Defendant Did Not Pursue Inter Partes Review

After filing an ex parte reexamination with the Patent Office, the defendant filed a motion to stay the action pending the ex parte reexamination. In analyzing the request to stay the action, the district court noted...more

1/10/2017 - Estoppel Ex Partes Reexamination Inter Partes Review (IPR) Proceeding Motion To Stay USPTO

Personal Web v. IBM: IBM's Motion to Compel Documents from Privilege Log Denied Where Motion Was Filed After Discovery Cut-Off

In this patent infringement action, IBM filed a motion to compel production of certain documents that were withheld as privileged. IBM contend that time was of the essence when it filed its motion....more

1/5/2017 - Discovery IBM Local Rules Motion to Compel Patent Infringement

Plaintiff Cannot Take Back Venue Admission in Patent Infringement Action

Plaintiff Ecojet, Inc. ("Ecojet") brought a patent infringement action against Defendant Luraco, Inc. ("Luraco") for infringement of U.S. Patent No. RE45,844 ("the '844 Patent"). After the litigation was pending for several...more

1/3/2017 - Motion to Amend Patent Infringement

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

12/29/2016 - Claim Construction Patent Infringement Patent-in-Suit

Court Grants Motion to Dismiss for Lack of Case or Controversy Even Though Patent Holder Did Not Provide Covenant Not to Sue

Tech Pharmacy filed a patent infringement action against Defendant Alixa Rx LLC and Defendant Golden Gate National Senior Care LLC d/b/a Golden LivingCenters (collectively, "Defendants"). Tech Pharmacy subsequently filed its...more

12/27/2016 - Assisted Living Facility Breach of Contract Counterclaims Declaratory Judgments Inequitable Conduct Misappropriation Noninfringement Patent Infringement Patent Invalidity Pharmacies Standing Subject Matter Jurisdiction

District Court Strikes Infringement Contentions Pursuant to Doctrine of Equivalents Because They Contained Blanket Assertions That...

The Defendants filed a motion to strike the Plaintiff's infringement contentions, including their contentions under the doctrine of equivalents ("DOE"), for failing to comply with the Local Patent Rules ("P.R."). The...more

12/22/2016 - Amazon Doctrine of Equivalents Motion To Strike Patent Infringement

District Court Orders Plaintiff to Supplement Damage Information Provided in Federal Rule 26 Initial Disclosures Where Plaintiff...

In this discovery dispute in a patent infringement action, Frontgate contended that Balsam Brands, Inc. ("Balsam") failed to adequately respond to an interrogatory seeking information about Balsam's damages. As explained by...more

12/20/2016 - Calculation of Damages Discovery Federal Rules of Civil Procedure Interrogatories Patent Infringement

District Court Denies Motion for Preliminary Injunction Where the Plaintiff Did Not Show Specific Facts of Lost Sales or Injury to...

Plaintiff, D Now, Inc. (D-Now), obtained an exclusive license to U.S. Patent No. 8,795,020, which claims a bubble blowing tube. D Now filed a patent infringement action against defendants TPF Toys Limited and TPF Toys LLC...more

12/15/2016 - IP License Irreparable Harm Patent Infringement Preliminary Injunctions

District Court Orders Modification of Protective Order to Allow Plaintiff to Use Defendant's Confidential Information in Opposing...

Defendant Baker Hughes Incorporated ("Baker Hughes") filed five inter partes review ("IPR") proceedings before the Patent Trial and Appeal Board ("PTAB") asserting that the plaintiff Lubrizol's patents were invalid because of...more

12/13/2016 - Confidential Documents Inter Partes Review (IPR) Proceeding Obviousness Patent Invalidity Protective Orders

District Court Orders Production of Past Testing from Prior Litigations Despite Confidentiality of Third Parties

Dexcel filed a motion to compel contending that Takeda has refused to provide any fact discovery concerning Takeda's methods for particle size analysis used in prior litigations or underlying the data in the patents-in-suit....more

12/8/2016 - Confidential Information Discovery Disputes Motion to Compel Patent-in-Suit Pharmaceutical Patents Subpoenas Takeda Pharmaceuticals

District Court Grants Motion to Compel Responses to Interrogatories Even Though Interrogatories Contained Discrete Subpart Where...

Plaintiff Synopsys, Inc. ("Synopsys") filed a motion to compel defendant, ATopTech, to respond to interrogatories. ATopTech opposed the motion by arguing that it had already answered Synopsys's Set One, Interrogatory Nos....more

12/6/2016 - Interrogatories Motion to Compel Patent Litigation

District Court Orders Additional Deposition of Defendant after Witness Changed Numerous Deposition Answers in Errata

The plaintiff, Chrimar Systems Inc. and Chrimar ("Chrimar") filed a motion to compel an additional deposition of Defendant D-Link Systems, Inc.'s ("D-Link") corporate representative, William C. Brown. Chrimar previously took...more

11/30/2016 - Corporate Officers Depositions Federal Rules of Civil Procedure Motion to Compel Patent Litigation

District Court Warns Plaintiff That If It Narrows Its Case Too Close to Trial, It Will Have Its Trial Time Reduced

During the pretrial conference, the Plaintiff Arthrex("Arthrex") told the district court that it may be able to narrow its case once the district court resolved certain pending motions for summary judgment. Shortly after the...more

11/28/2016 - Motion for Summary Judgment Patent Infringement Patent Litigation Pretrial Motions

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

11/25/2016 - Claim Construction Intellectual Property Litigation Inter Partes Review (IPR) Proceeding Patent Litigation Patent Trial and Appeal Board Patents Popular Symantec

Core Wireless v. LG: District Court Orders Enhanced Damages Based on Defendant's Licensing Discussions

A jury returned a verdict finding that LG infringed the claims of the patent-in-suit and that the claims were not invalid. The jury also found that the infringement was willful. As a result, the district court determined...more

11/22/2016 - Enhanced Damages Patent Infringement Patent Litigation Patents Willful Infringement

District Court Stays Patent Litigation Pending State Court Proceedings That Will Determine Licensing Issue

In this patent infringement action, MMEI, owns U.S. patent 6,234,099 ("the '099 patent"). Fineline Industries, Inc. ("Fineline Inc.") entered into a license agreement with MMEI that permitted Fineline Inc. to use the '099...more

11/17/2016 - Breach of Contract Covenant of Good Faith and Fair Dealing IP License Patent Infringement Royalties Stays

District Court Precludes Defendant from Referring to Plaintiff's Past Settlements as "Nuisance Value" But Allows Amount of Such...

As this patent infringement proceeded closer to trial, the parties filed various motions in limine. The plaintiff, PerDiemco, filed a motion in limine to preclude evidence or argument referring to PerDiem's prior settlements...more

11/15/2016 - Admissible Evidence Motions in Limine Patent Infringement

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