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Plaintiff Precluded from Using Deposition Testimony of Defense Expert Where Plaintiff Procured the Absence of the Expert

Novartis sought to use the deposition testimony of defendant's expert at trial under Fed.R.Civ.P. 32(a)(4)(B). As explained by the district court, "the Rule provides that a party may use the deposition of a witness for any...more

5/12/2014 - Depositions Expert Testimony Expert Witness Litigation Strategies Novartis Patent Litigation Patents Pharmaceutical Trials

Versata v. SAP: Stay of $390 Million Judgment Denied Even Though PTAB Found Patent Invalid

After the jury returned a verdict of approximately $390 million against SAP and the verdict was affirmed on appeal, the Patent Trial and Appeal Board ("PTAB") preliminarily invalidated the patent (subject to appeal to the...more

5/7/2014 - America Invents Act Jury Awards Motion To Stay Patent Litigation Patent Trial and Appeal Board Patents SAP America Inc.

Motion to Redact Transcripts in Patent Case Denied Where Information Was Disclosed in Open Court

In this patent infringement action, both parties moved to redact information from the transcripts and both motions were unopposed. The district court found that the information should be redacted because it had been disclosed...more

5/6/2014 - Patent Infringement Patent Litigation Patents Redaction

Carnegie Mellon v. Marvell: District Court Declines to Liquidate Ongoing Royalties into Final Judgment

Having obtained a $1.5 billion judgment and an ongoing royalty against Marvell, Carnegie Mello University ("CMU") sought to liquidated the ongoing royalty amount in the Final Judgment. In response, Marvell argued that the...more

4/30/2014 - Bonds Federal Rules of Civil Procedure Royalties

Andrulis v. Celgene: District Court Dismisses Undivided Direct Infringement Claim But Permits Joint Direct Infringement Claim to...

Plaintiff Andrulis Pharmaceuticals Corp. ("Andrulis") filed a patent infringement action against Celgene Corporation ("Celgene") alleging direct, induced, and contributory infringement. Celgene filed a motion to dismiss...more

4/29/2014 - Patent Infringement Patent Litigation Patents Pharmaceutical Pharmaceutical Patents

Motion to Dismiss Granted Where Patent Infringement Complaint Alleged Joint Infringement But Failed to Allege Direction and...

Plaintiff Nu Flow Technologies (2000) Inc. ("Nu Flow) filed a patent infringement action against Defendant A.O. Reed & Company ("A.O. Reed") and ten Doe defendants based on two patents U.S. Patent No. 7,849,883 B2 (the '883...more

4/24/2014 - Joint Infringement Motion to Dismiss Patent Infringement Patent Litigation

Declaratory Judgment Action Dismissed for Lack of Personal Jurisdiction Where Contacts in Jurisdiction Occurred Before, and Were...

Digital Ally, Inc. ("Digital Ally") filed a declaratory judgment action pertaining to patent infringement against Utility Associates, Inc. ("Utility"). Utility filed a motion to dismiss for lack of subject matter and personal...more

4/23/2014 - Declaratory Judgments Motion to Dismiss Patent Infringement Patent Litigation Patent-in-Suit Personal Jurisdiction

Misstatements on Application for In Forma Pauperis Status Results in Dismissal of Patent Infringement Action with Prejudice

Plaintiff filed a patent infringement action and also filed an application to proceed in pro per and In Forma Pauperis. The defendants file a motion to dismiss the action based on false statements in the application....more

4/18/2014 - In Forma Pauperis Material Misstatements Patent Infringement Patent Litigation Patents

Carnegie Mellon v. Marvell: District Court Enhances Damages to $1.5 Billion

After a jury returned a verdict against Marvell for patent infringement, Carnegie Mellon ("CMU") filed several motions, including for prejudgment interest, for supplemental damages, for enhanced damages, for an ongoing,...more

4/15/2014 - Carnegie Mellon Damages Jury Verdicts Patent Infringement Patents Permanent Injunctions

Stay Pending Resolution of Covered Business Method Review Denied Where Case Was Narrow and Trial Date Was Already Set

Plaintiff SecureBuy, LLC ("SecureBuy") filed a Motion to Stay Proceedings pending resolution of a Covered Business Methods ("CBM") review at the Patent Trial and Appeals Board ("PTAB"). When the motion was stayed, the PTAB...more

4/9/2014 - Covered Business Method Patents Patent Litigation Patent Trial and Appeal Board Patents

Quantum World v. Dell: After Receiving Numerous Daubert Motions, District Court Lays Down Strict Time Limits for Trial and Rules...

In this patent infringement case, the district court received a number of motions to strike portions of expert reports and to exclude the testimony of certain experts. As stated by the district court, it received the...more

4/7/2014 - Daubert Hearing Daubert Standards Dell Patent Litigation Patents

Potter Voice v. Microsoft: Microsoft's Request to Exclude Expert Declaration for Claim Construction Denied Where Microsoft's...

In this patent infringement action, Potter Voice submitted an expert declaration of David Klausner for the purpose of claim construction. Microsoft moved to exclude the declaration under Fed.R.Evid. 702....more

4/4/2014 - Claim Construction Exclusions Microsoft Patent Litigation Patents

GPNE v. Apple: Court Precludes Retention of Experts Where Expert Had Consulted for Apple's Competitors

Plaintiff GPNE Corporation ("GPNE") filed a patent infringement action against Apple. As part of its case, GPNE wanted to retain two experts, Ghobad Heidari and Kamran Etemad, and Apple objected for two reasons. First, as...more

3/31/2014 - Apple Confidential Information Protective Orders Subject Matter Experts

Inter Partes Review Terminated Where PTAB Found That Challenged Claims Were Indefinite

Petitioner, BlackBerry Corporation and BlackBerry Limited ("Blackberry"), filed a petition on October 30, 2012, for an inter partes review ("IPR") of claims 1-12 of US Patent No. 6,871,048 ("the ?048 patent"). On March 18,...more

3/26/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents

VirnetX v. Apple: Court Grants Enhanced Ongoing Royalty Based on Disparity Between Position at Trial and Position Post-Judgment on...

On August 11, 2010, VirnetX filed suit alleging that Apple and several other defendants infringed several U.S. Patents, which generally describe a method for transparently creating a virtual private network ("VPN") between a...more

3/26/2014 - Apple Patent Infringement Patent Litigation Patents Royalties

Expert Permitted to Rely on Consultant Who Conducted "Survey" Even Though Consultant Was Not a "Survey" Expert

Zurn Industries, Inc. ("Zurn") moved to exclude Sloan Valve Company's ("Sloan") consultant witness and other testimony based on the consultant's investigation. The patent-at-issue, U.S. Patent No. 7,607,635, entitled "Flush...more

3/21/2014 - Consultants Consultation Patents Subject Matter Experts

Sonic Industry v. iRobot: Court Sua Sponte Strikes iRobot's Affirmative Defenses for Failure to Comply with Federal Rules of Civil...

Sonic Industry ("Sonic") filed a patent infringement action against iRobot Corporation ("iRobot"). iRobot filed an Answer and Affirmative Defenses to the patent infringement complaint. The district court issued a memorandum...more

3/17/2014 - Federal Rules of Civil Procedure Patent Infringement Patent Litigation Patents Sua Sponte

Emblaze v. Apple: Court Declines to Stay the Case Pending the United States Supreme Court's Decision in Akamai v. Limelight...

In this patent infringement action between Emblaze and Apple, Apple filed a motion to stay the case pending the recent grant of certiorari in Akamai v. Limelight Networks. In Akamai, a divided en banc Federal Circuit panel...more

3/12/2014 - Apple Certiorari Covered Business Method Patents Emblaze Patent Infringement Patent Litigation Patents Technology

Infringement Expert Excluded Where Expert Did Nothing More Than Parrot Claim Language in Infringement Analysis

Plantronics, Inc. ("Plantronics") filed a patent infringement action against ALIPH, Inc. ("ALIPH"). After expert reports were submitted, ALIPH moved to exclude the expert report of Plantronics' infringement expert. At...more

3/12/2014 - Expert Testimony Expert Witness Infringement Patent Infringement Patent Litigation Patents

PersonalWeb v. Google: Duty to Preserve Emails Began When Patent Was Acquired

PersonalWeb Technologies, LLC ("PersonalWeb") filed a patent infringement action against Google for infringement of its "Truenames" patents. Google filed a motion for sanctions based on a contention that PersonalWeb...more

3/5/2014 - Duty to Preserve Email Evidence Google Patents Spoliation

Court Finds that Rule 26 Disclosure and Computation of Damages Insufficient Where Party Failed to Explain How It Calculated Damage...

Orbit Irrigation Products ("Orbit") filed a patent infringement action against Sunhills International ("Sunhills"). After the completion of certain discovery, Sunhills filed a motion to compel. Sunhills contended that Orbit...more

3/5/2014 - Damages Patent Infringement Patent Litigation Patents Rule 26

Notice of Appeal Untimely Where Attorneys Claimed That Notice Through Electronic Filing System Did Not Start Time for Appeal

After trial and the denial of post-trial motions, AT&T Operations, Inc. ("AT&T") filed motion to extend the time to file a notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a). AT&T argued that the e-mail...more

2/28/2014 - Appeals AT&T Mobility E-Filing Electronically Stored Information

Does the Filing on an IPR Negate the Intent Element for an Indirect Patent Infringement Action? One District Court Says No.

Clouding IP ("Clouding") filed a patent infringement action against Rackspace, which alleged direct, indirect, and willful infringement of the patents-in-suit. The district court granted defendant Rackspace's motion to...more

2/25/2014 - Indirect Infringement Intent Patent Infringement Patent Trial and Appeal Board

District Court Refuses to Vacate Sanctions Ruling for Spoliation after Settlement

Digital-Vending Services International, LLC ("Digital-Vending") filed a patent infringement action against The University of Phoenix, Inc. and Apollo Group, Inc. ("Defendants"). During the course of the litigation, the...more

2/20/2014 - Evidence Patent Infringement Patent Litigation Patents Settlement Spoliation

Summary Judgment Motion Denied Where Expert's Opinion Established a Triable Issue of Fact on Infringement

Geotag, Inc ("Geotag") filed a patent infringement action against Frontier Communications Corp. ("Frontier"). Frontier filed a motion for summary judgment of non-infringement, arguing that no triable issue of material fact...more

2/17/2014 - Expert Witness Infringement Patent Infringement Patent Litigation Patents Summary Judgment

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