Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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District Court Strikes Infringement Contentions and Sanctioned Plaintiff for Taking Inconsistent Positions

The defendant, Echoworx, brought a motion to strike ZixCorp's infringement contentions. ZixCorp had served its original infringement contentions on Echoworx, contending that the elements of the patent-in-suit are software...more

5/31/2016 - Discovery Good Faith Motion To Strike Patent Infringement Patent Litigation Sanctions Software Source Code

District Court Strikes Documents That Were Not Produced During Discovery Even Though Documents Were Publically Available

In this patent infringement action, Mobile Telecommunications Tech., LLC ("MTel") filed against Blackberry Corp., MTel moved to exclude certain exhibits that were archived press releases published by RCR Wireless and SkyTel...more

5/25/2016 - Blackberry Duty to Disclose Federal Rules of Civil Procedure Motion To Strike Patent Infringement Patent Litigation Rule 26 Rule 37

Court Declines to Modify Judgment Based on Collateral Proceedings before the PTAB Finding Claims of Patent-In-Suit Invalid

Summary: In the decision referenced below, the court declined to modify a judgment pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure even though the PTAB had found several claims of the patent-in-suit...more

5/23/2016 - Administrative Proceedings Article III Damages Federal Rules of Civil Procedure Patent Invalidity Patent Royalties Patent Trial and Appeal Board Patent-in-Suit Summary Judgment

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

District Court Grants Permanent Injunction after Summary Judgment Ruling in Favor of Patent Holder Where Defendant Was Direct...

After the district court granted the plaintiff's motion for summary judgment of patent infringement, the district court addressed whether a permanent injunction was appropriate. The patent at issue, U.S. Patent No. 6,065,794...more

5/16/2016 - Patent Infringement Patent Litigation Permanent Injunctions

District Court Refuses to Recognize "Apex" Doctrine for Documents Created by Inventor and Global Leader of Company

The defendant filed a motion to compel, seeking a wide array of discovery against Plaintiffs Dyson, Inc. and Dyson Limited (collectively, "Plaintiffs") to produce emails belonging to James Dyson ("Dyson"). Plaintiffs asserted...more

5/11/2016 - Apex Doctrine Burden of Proof Claim Construction Discovery Document Productions Motion to Compel Patent Infringement Patent Litigation

Experts Ordered to Produce Draft Reports Exchanged with Other Experts

In this patent infringement action, the plaintiff, BRP, alleged three counts of patent infringement against Arctic Cat concerning snowmobile frame construction and snowmobile rider positioning. BRP alleged patent infringement...more

5/9/2016 - Discovery Expert Witness Patent Infringement Patent Litigation Patents

District Court Denies Request to Have Invalidity Case Proceed Prior to Infringement Case

The parties in this patent infringement action could not agree on the order of proof at trial. Defendants sought to present their invalidity defense first, arguing that if the patent is invalid, they could not be liable for...more

5/6/2016 - Affirmative Defenses Burden of Proof Judicial Discretion Jury Instructions Noninfringement Patent Infringement Patent Invalidity Patent Litigation

District Court Declines to Grant Voluntary Dismissal of Action with Motion for Judgment on the Pleadings Pending Where Patent Was...

After a district court in the Eastern District of Virginia invalidated the patent-in-suit because it did "not pass the two part test laid out by the Supreme Court in Mayo and Alice." Peschke Map Techs. LLC v. Rouse Properties...more

5/3/2016 - Attorney's Fees Collateral Estoppel Mootness Motion for Judgment Motion to Dismiss Patent Infringement Patent Invalidity Patent Litigation Prevailing Party

District Court Grants Indicative Ruling to Vacate Judgment Based on Settlement of the Parties

In this patent infringement action, the parties reported that they had settled their dispute while it was pending before the Federal Circuit. The settlement was contingent upon the district court's granting an indicative...more

4/28/2016 - Federal Rules of Civil Procedure Final Judgment Mootness Patent Infringement Patent Litigation Public Interest Settlement Agreements Vacatur

District Court Strikes Affirmative Defenses of Laches, Waiver, Estoppel and Acquiescence for Lack of Sufficient Detail

After the plaintiff filed a Second Amended Complaint against Fieldpiece Instruments, Inc. ("Defendant") for patent infringement, the Defendant filed its an answer raising a series of affirmative defenses to Plaintiff's...more

4/25/2016 - Acquiescence Affirmative Defenses Estoppel Laches Patent Infringement Patent Litigation

Covenant Not to Sue Insufficient to Warrant Dismissal of Counterclaims Where Covenant Contained Reservation of Rights

The plaintiff filed a motion to dismiss the defendants' patent invalidity counterclaims for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. Rule 12(b)(1) because the plaintiff withdrew its patent infringement...more

4/20/2016 - Breach of Contract Confidentiality Agreements Counterclaims Covenant Not to Sue Evidence Mootness Patent Infringement Patent Invalidity Patent Litigation Reservation of Rights Subject Matter Jurisdiction

District Court Orders Production of Settlement Agreements But Denies Request for Deposition That Would Go Beyond Four Corners of...

Plaintiffs filed a declaratory judgment action seeking a declaration that U.S. Patent No. 7,923,221 (the "Cabilly III patent"), owned by Defendants, is invalid and therefore Plaintiffs do not owe royalties with respect to...more

4/18/2016 - Abuse of Discretion Declaratory Judgments Discovery Document Productions Genentech IP License Motion to Compel Patent Invalidity Patent Litigation Patent Royalties Sanofi-Aventis Settlement Agreements Writ of Mandamus

District Court Asks Google and Oracle to Consent to Ban on Internet Research of Jury Panel

Following up on the district court's previous ruling barring the use of jury questionnaires, the district court addressed the issue of whether any Internet research of the potential jurors should be permitted. After analyzing...more

4/13/2016 - Google Internet Juror Juror Selection Jury Selection Oracle Oracle v Google Personal Data Popular Social Media

District Court Declines to "Reverse" Bifurcate Trial to Try Damages before Patent Infringement and Calls Motion "Baseless"

California Home Spas, Inc. ("CHS") filed a motion to bifurcate the trial between damages and infringement and asserted that the damage trial should proceed first. As noted below, the district court denied the request finding...more

4/11/2016 - Bifurcation Damages Frivolous Lawsuits Patent Infringement Patent Litigation

After Settlement, District Court Declines to Vacate Sanctions Order Requested by Joint Motion from All Parties

After all parties agreed to settle the case, the parties jointly moved to vacate a sanctions order. The district court declined to vacate the sanctions order, even though plaintiff's counsel had apparently complied with the...more

4/7/2016 - Judges Motion to Vacate Patent Infringement Patent Litigation Sanctions Settlement

District Court Denies Motion to Present Live Video Testimony at Trial

In this patent infringement action, defendant Dynamic Drinkware, Inc. ("Drinkware" or "Defendant") filed a motion to permit it to present live video testimony at trial, or, in the alternative, to take the deposition of a...more

4/5/2016 - Corporate Counsel Depositions Discovery Patent Infringement Patent Litigation Protective Orders Summary Judgment

Samsung v. Nvidia: District Court Bifurcates Trial in Two Phases with the First Phase to Determine Infringement and Damages and...

The plaintiff, Samsung, filed a motion for an order regarding the presentation of evidence. Samsung's proposal included a "six-stage" process for presenting the evidence. In support of the proposal, Samsung argued that the...more

3/30/2016 - Bifurcation Damages Jury Trial Nvidia Patent Infringement Patent Invalidity Patent Litigation Samsung

District Court Precludes Plaintiff from Presenting Damage Theories That Were Not Disclosed in Rule 26(a) Disclosures

The plaintiff, Radware, planned to present damages theories in its closing argument seeking more than twice the damages that its retained expert on damages computed. The district court noted that "[w]hile expert testimony is...more

3/28/2016 - Calculation of Damages Closing Arguments Discovery Expert Testimony Patent Litigation Rule 26

District Court Requires Plaintiffs to State Whether "Plain Meaning" Encompasses Defendants' Proposed Claim Constructions

In this patent infringement action, the defendants asked the district court to compel the plaintiffs to provide constructions for disputed claim terms identified by the parties under the Local Patent Rules. Defendants...more

3/23/2016 - Claim Construction Order To Compel Patent Infringement Patent Litigation Plain Meaning

Partial Summary Judgment Granted on Failure to Mark Where Defendant Stipulated That Plaintiff Practiced the Patent-In-Suit

Metaswitch Networks Ltd. ("Metaswitch") filed a motion for partial summary judgment to limit Genband US LLC's ("Genband") damages based on a failure to mark. In support of its motion, Metaswitch argued that partial summary...more

3/21/2016 - Genuine Issue of Material Fact Partial Summary Judgments Patent Litigation Patent-in-Suit Pre-Suit Damages

Oracle v. Google: District Court Rejects Jury Questionnaire and Orders Parties to Show Cause Why the Court Should Not Ban Internet...

As the re-trial in the Oracle v. Google case approaches, both parties requested an opportunity to use a jury questionnaire followed by a limited, one hour oral voir dire. The district court reviewed the proposed questionnaire...more

3/16/2016 - Google Investigations Juror Selection Jury Trial Oracle Oracle v Google Order to Show Cause Patent Litigation Social Media Voir Dire

District Court Declines to Exclude Damage Expert Even Though Expert Relied Upon Information Not Disclosed During Discovery

Plaintiffs Equistar Chemicals, LP and MSI Technology, LLC accused Westlake Chemical Corporation ("Westlake") of infringing U.S. Patent No. 7,064,163. The asserted patent relates to a method of making polyolefin-based adhesive...more

3/15/2016 - Cross Examination Damages Daubert Hearing Discovery Expert Testimony Federal Rules of Evidence Patent Infringement Patent Litigation

District Court Grants Motion for Summary Judgment on Laches Defense Where Defendant Could Not Establish Prejudice from Plaintiff's...

The court explained the facts as follows: The defendant, CrestaTech, was founded by Mihai Murgulescu and George Haber in 2005. Its initial products included a receiver for satellite radio and a television platform. CrestaTech...more

3/14/2016 - Confidentiality Agreements Laches Non-Disclosure Agreement Patent Infringement Patent Litigation Pre-Suit Damages Prejudice Summary Judgment

Cisco v. Sprint: Declaratory Judgment Action Dismissed Where Cisco Could Not Show Case or Controversy Based on Suits Against...

Plaintiff Cisco Systems, Inc. ("Cisco") filed two declaratory judgment actions against Sprint seeking to invalidate six Sprint patents and seeking a declaration of non-infringement of seven Sprint patents. Cisco is a...more

3/11/2016 - Cisco Declaratory Judgment Act Direct Infringement Dismissals Federal Jurisdiction Indemnification Justiciable Controversy Noninfringement Patent Litigation Sprint

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