Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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District Court Rules Plaintiff Need Not Come Forward with Evidence of Priority Date Earlier than Patent Application Until...

Omega Patents, LLC ("Omega") filed a patent infringement action against CalAmp Corp. ("CalAmp") asserting that CalAmp infringes the claims of U.S. Patent No. 6,346,876 ("the '876 Patent"), U.S. Patent No. 6,737,989 ("the '989...more

2/2/2016 - Burden of Proof Clear and Convincing Evidence Patent Infringement Patent Invalidity Patent Litigation

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 Strikes Expert Opinion Testimony on Patent Subject Matter Eligibility Under Section 101

Defendants Metaswitch Networks Ltd and Metaswitch Networks Corp. ("Metaswitch") filed a motion to strike plaintiff's expert opinions of Mr. Lanning, including his opinions that the patents in suit claim patent-eligible...more

1/26/2016 - Expert Testimony Motion To Strike Patent-Eligible Subject Matter Patent-in-Suit

Expert Patent Valuation Opinion Based on Forward Citation Analysis Survives Daubert Challenge

Plaintiff Better Mouse Company's ("Better Mouse") filed a motion to strike portions of the rebuttal expert report and exclude testimony of Richard Eichmann. Better Mouse asserted that the district court should exclude Mr....more

1/20/2016 - Daubert Standards Expert Testimony Patent Litigation Patents Valuation

District Court Denies Request for Contempt Where Defendant Continued to Provide Repairs and Replacement Parts to Enjoined Devices

Plaintiff Advanced Transit Dynamics, Inc. ("Plaintiff" or "ATD") filed an ex parte application for a judgment of civil contempt against Defendant Ridge Corporation's ("Defendant" or "Ridge") for allegedly violating of the...more

1/18/2016 - Contempt Patent Infringement Patent Litigation Patents Preliminary Injunctions

District Court Declines to Delay Transfer of Case Pending Ruling on Claim Construction

The plaintiffs, Chrimar Systems, Inc. and Chrimar Holding Company, LLC ("Chrimar"), filed a motion to reconsider the district court's order granting Ruckus Wireless, Inc.'s ("Ruckus") motion to transfer venue to the Northern...more

1/15/2016 - Claim Construction Motion To Reconsider Patent Litigation Transfer of Venue

District Court Denies Motion for Leave to Have Forensic Expert Report Used as Affirmative Evidence

The defendants filed a motion for leave to have the forensic expert report of Curtis Rose considered as affirmative evidence. The defendants timely served Rose's expert rebuttal report but sought to use his opinions as...more

1/14/2016 - Discovery Expert Testimony Garmin International Motion for Leave Patent Litigation

District Court Denies Accounting and Ongoing Royalty Where Jury Instructions Told Jury to Award Damages That Would Put Patent...

Prism brought suit against Sprint alleging patent infringement of U.S. Patent Nos. 8,127,345 and 8,387,155 (the "Asserted Patents"). After the jury returned a $30 million award in favor of Prism, Prism filed a motion for an...more

1/8/2016 - Damages Jury Instructions Patent Infringement Patent Litigation Patent Royalties Sprint

eDekka Gets Decked by Finding of Exceptional Case in the Eastern District of Texas

Plaintiff eDekka LLC ("eDekka") sued a large number of defendants in Eastern District of Texas alleging infringement of U.S. Patent No. 6,266,674 ("the '674 Patent") titled "Random Access Information Retrieval Utilizing User...more

1/5/2016 - Attorney's Fees CLS Bank v Alice Corp Complex Litigation Exceptional Case Patent Infringement Patent Litigation Patent-Eligible Subject Matter SCOTUS

District Court Declines to Modify Claim Construction Based on PTAB Denial of IPR

Adidas AG ("Adidas"), filed a patent infringement action against Under Armour, Inc. ("Under Armour") and MapMyFitness, Inc. ("MapMyFitness") alleging that they infringed over a dozen patents. After Under Armour and...more

12/31/2015 - Adidas Claim Construction Markman Hearing Patent Infringement

District Court Denies Request for Finding of Exceptional Case Where Plaintiff Pursued and Lost Motion for Preliminary Injunction

Moblize contended that TDE Petroleum Data Solutions, Inc ("TDE") either knew or should have known that its motion for preliminary injunction was meritless and that it was brought for the improper purpose of harassing Moblize....more

12/28/2015 - Exceptional Case Patent Infringement Patent-Eligible Subject Matter Preliminary Injunctions

District Court Denies Discovery Served Too Close to Discovery Cut-Off

Plaintiff filed a patent infringement action, alleging that Defendant B2B Supply and Defendant Jerrell P. Squyres (hereinafter "Defendants") infringed U.S. Patent No. 7,731,462 (the '462 patent). Toward the end of discovery,...more

12/23/2015 - Additional Discovery Discovery Patent Infringement

District Court Grants Sanctions Reducing Number of 30(b)(6) Depositions, Awarding Costs to Plaintiff and with a Warning that...

In this patent infringement action, the plaintiff filed a motion for discovery sanctions. The plaintiff argued in its motion that defendant failed to comply with the district court's October 7, 2015 oral discovery order and...more

12/21/2015 - Depositions Discovery Patent Infringement Patent Litigation Rule 30(b)(6) Sanctions

A Snapshot of University Patent Litigation

As patent litigation overall has grown rapidly since 2010, the industry has also seen a shift in some traditionally litigation averse players. University tech transfer organizations in particular have increased their filings...more

12/18/2015 - Apple Carnegie Mellon Johns Hopkins Non-Practicing Entities Patent Infringement Patent Litigation Patent Trolls Popular Universities

District Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Could Not Establish That It Owned All Substantial...

Plaintiff Max Sound Corporation ("Max Sound") filed a First Amended Complaint ("FAC") against three defendants: Google, Inc., YouTube, LLC and On2 Technologies (collectively, "Defendants"), for the infringement of Patent No....more

12/14/2015 - Alter Ego Google License Agreements Motion to Dismiss Patent Infringement Patent Ownership Standing YouTube

Motion to Dismiss for Lack of Subject Matter Jurisdiction Denied Where Complaint Alleged Sufficient Facts to Establish...

Defendant's filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) motion, contending that Plaintiffs lacked standing because no case or controversy existed at the time Plaintiffs filed the complaint. Defendant argued...more

12/9/2015 - Injury-in-Fact Motion to Dismiss Patent Infringement Standing Subject Matter Jurisdiction

Calling the "Hotline": Witness Ordered to Answer "Who" and "When" Deposition Questions Regarding Litigation Hold Memorandum

On November 17, 2015, during a deposition of a fact witness, counsel for the plaintiff, Ericsson Inc. ("Ericsson"), attempted to question the witness regarding a litigation hold memorandum (the "memo"). Counsel for the...more

12/7/2015 - Ericsson Litigation Hold Patent Litigation

District Court Declines Request to Vacate Claim Construction Order after Parties Enter into Consent Judgment

Canvs filed a patent infringement action in 2014 asserting that Nivisys induced and contributed to the infringement of its patent through the sale of TACS and TACS-M products. After a lengthy stay, the district court held a...more

12/3/2015 - Claim Construction Collateral Estoppel Markman Hearing Patent Infringement Patent Litigation

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 Grants Motion to Dismiss for Lack of Standing Where Co-Owners of Patent Were Not Joined in Original Complaint But...

Cobra International, Inc. ("Cobra") filed a patent infringement action against Defendants for infringement of U.S. Patent No. 5,821,858 ("the '858 patent"). Cobra alleged that the '858 patent was issued to Allan J. Stone, who...more

11/27/2015 - IP Assignment Agreements Joint Inventors Patent Infringement Patent Litigation Patents Standing

District Court Denies TRO and Preliminary Injunction Where Speculation on Future Harm Did Not Show Likely Irreparable Harm

Plaintiff SATA GmbH & Co. KG ("Plaintiff") sought an ex parte Motion for Temporary Restraining Order and a Motion for Preliminary Injunction. Plaintiff alleged that Defendants Zhejiang Refine Wufu Air Tools Co., Ltd. ("Wufu")...more

11/23/2015 - Counterfeiting Design Patent Irreparable Harm Patent Infringement Preliminary Injunctions Trademark Infringement TRO

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

Aylus v. Apple: Apple Moves to Strike Supplemental Expert Report Served After Expert Deposition and at the End of the Expert...

After Aylus timely served the report of its technical expert, Daniel Schonfeld, and Apple deposed the expert, Aylus served a "First Supplemental Expert Report of Dan Schonfeld" at the end of the expert discovery period. Apple...more

11/16/2015 - Apple v Samsung Joint Infringement Patent Infringement Right to Control Supplemental Evidence

District Court Strikes Portion of Damage Expert Report Where the Expert Relied Upon Surveys But Did Not Explain How They Related...

The defendants moved to exclude the expert report of Mr. Ratliff, asserting that he made critical errors in his expert report on damages. The defendants specifically alleged that Mr. Ratliff committed basic math and reasoning...more

11/12/2015 - Calculation of Damages Expert Witness IP License Patent Royalties

Limestone v. Apple: Apple Successfully Moves to Dismiss Willful Infringement Claims

Limestone filed a patent infringement action against Apple, alleging direct and willful infringement of four patents. For each of the four claims of patent infringement against Apple, Limestone alleged, "[u]pon information...more

11/10/2015 - Apple Direct Infringement Leave to Amend Motion to Dismiss Willful Infringement

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