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District Court Orders Search of Inventors Emails and Finds That Discovery Is Proportional to Needs of Case Because Search Terms...

In this patent infringement action, T-Mobile sought email discovery from seventeen named inventors of the asserted patents and the licensing executives involved in the parties’ FRAND negotiations. T-Mobile asserted that the...more

Unwired v. Apple: District Court Sanctions Unwired for Failing to Produce Supplemental Information after Remand

During this patent infringement action, Apple filed a motion for discovery sanctions based on a failure to produce documents after a remand. The parties apparently had agreed to limited discovery post-remand, but a dispute...more

District Court Granted Voluntary Motion to Dismiss Against Named Defendant But Disallowed Reservation of Rights as to Unnamed...

In this patent infringement action, Plaintiff Wright's Well Control Services, LLC (WWCS) filed a motion to voluntarily dismiss defendant Christopher Mancini pursuant to Federal Rule of Civil Procedure 41(a)(2) with prejudice,...more

District Court Denies Motion for Exceptional Case and for Attorney's Fees after Trial

After the defendants Ingenico S.A.'s, Ingenico Corp.'s, and Ingenico Inc.'s (the "Ingenico Defendants") prevailed at trial, the defendants filed a Motion to Declare this an Exceptional Case and For Attorney's Fees Pursuant to...more

District Court Denies Ex Parte Motion to Compel Third Party to Produce Documents Where Plaintiff Waited too Long to File Motion

The plaintiff Alexsam, Inc. ("Alexsam") filed an ex parte application to compel compliance with a subpoena to produce documents against a third party to the action, MasterCard. Alexsam had first served a Rule 45 subpoena on...more

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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