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Court Orders Production of Work Product Documents under Crime-Fraud Exception to Attorney-Client Privilege Where Defendants Had...

In an earlier filed decision, the district court had previously found that Escort and its defense counsel had knowingly misled the plaintiff, Fleming, which warranted a sanction of attorney fees. As explained by the district...more

1/27/2015 - Attorney-Client Privilege Crime-Fraud Exception Disclosure Discovery Document Productions Patent Infringement Patent Litigation Patents Source Code Work Product Privilege

Court Denies Motion for Extended Deposition Despite over 300 Objections During Deposition Where Defendant Failed to Raise Issue...

In this patent infringement action, the Defendants requested that the court order a further Rule 30(b)(6) deposition of one of the deponents, Mr. Pang. In the motion, Defendants argued that Plaintiff's counsel objected more...more

1/21/2015 - Depositions Objection Procedures Patent Infringement Patent Litigation Patents

District Court Sanctions Defendants for Failing to Agree to Standard Protective Order

In this patent infringement action, the plaintiff filed a motion for entry of a standard protective order after the defendant would not agree to sign a stipulated protective order. As explained by the district court, the...more

1/19/2015 - Patent Infringement Patent Litigation Patents Protective Orders

Smartflash v. Apple: District Court Excludes Damage Theory Based on Survey Responses That Were Insufficient to Show That the...

Plaintiffs Smartflash LLC and Smartflash Technologies Limited (collectively "Smartflash") filed patent infringement actions against Apple, Inc. ("Apple"), Samsung Electronics Co., Ltd., Samsung Electronics America, Inc.,...more

1/12/2015 - Apple HTC Patent Infringement Patent Litigation Patents Samsung Smartflash

District Court Declines to Hear Early Motion for Summary Judgment on Section 101 and Postpones Hearing until Claim Construction

In the pending patent infringement action between Netflix and Rovi, Netflix filed a motion for summary judgment, seeking a ruling that Rovi's patents are invalid under 35 U.S.C. § 101. After the motion was filed, the district...more

1/7/2015 - Claim Construction Motion for Summary Judgment Netflix Patent Infringement Patent Litigation Patents Section 101

Motion for Rule 11 Sanctions Denied After Plaintiff Granted Defendants Covenant Not to Sue Where Plaintiff Attempted to Make an...

Phoenix Modular Elevator, Inc. ("Phoenix") filed a complaint for patent infringement against T.L. Shield & Associates, Inc. ("Shield") and Modular Elevator Manufacturing, Inc. ("MEM"). The patent at issue, United States...more

12/31/2014 - Covenant Not to Sue Patent Infringement Patent Litigation Patents Rule 11 Sanctions

Plaintiffs' Motion for Protective Order Denied But Cautions Defendant That Sanctions Will Be Awarded If Defendant Fails to...

In this patent infringement action, Plaintiffs' filed a motion for a standard protective order to prevent the defendant from sharing confidential information. The district court denied the motion because the motion was not in...more

12/30/2014 - Confidential Information Patent Infringement Patent Litigation Patents Protective Orders

Daubert Motion Denied Where Defendant Had "Salubrious Fodder" for Cross-Examination If Plaintiff's Expert Used Wrong Source Code

Defendant Adobe Systems ("Adobe") filed a Daubert motion seeking to limit the testimony of plaintiff EveryScapes' expert, Dr. Maja Bystrom ("Dr. Bystrom"), for three reasons. First, Adobe sought to exclude the...more

12/30/2014 - Adobe Daubert Standards Expert Testimony Patent Infringement Patent Litigation Patents

Court Chastises Both Parties for Contentious and Unprofessional Behavior and Warns That Further "Offending Conduct" Will Lead to a...

After a discovery dispute erupted in this patent infringement action, the court held a telephonic hearing on defendants' motion to compel discovery and for sanctions and plaintiff's cross-motion for a protective order....more

12/30/2014 - Cross Motions Depositions Discovery Motion to Compel Patent Infringement Patent Litigation Patents Protective Orders

Oral Assignment Ineffective to Convey Patent Rights and Subsequent Assignment too Late to Save Complaint from Dismissal with...

The plaintiff, Freed Designs, Inc. ("Freed Designs"), filed a patent infringement action defendant Sig Sauer. Robert Freed is the sole inventor of the '764 Patent, titled "Grip Extender For Hand Gun." Freed is also the sole...more

12/30/2014 - IP Assignment Agreements Nunc Pro Tunc Patent Infringement Patent Litigation Patents Standing

With Motion for Summary Judgment Pending Against It, Plaintiff Requests District Court to Order Parties to Mediation and District...

Princeton Digital Image Corp. ("Princeton Digital") filed a patent infringement action against Hewlett-Packard and Hewlett Packard filed a summary judgment motion. With the summary judgment motion pending, Princeton Digital...more

12/30/2014 - Mediation Motion for Summary Judgment Patent Infringement Patent Litigation Patents

District Court Declines to Award Supplemental Damages for Pre-Verdict Damages Even Though Defendant Did Not Produce All of Its...

After a jury trial in which TransPerfect was awarded damages, TransPerfect moved for an award of supplemental damages under 35 U.S.C. § 284 on the theory that the jury did not award it damages for infringement that occurred...more

12/29/2014 - Damages Jury Awards Patent Infringement Patent Litigation Patents

Daubert Challenge to Damage Expert Denied Where Contested Matters Were for Cross-Examination and Not Proper for Exclusion

In this patent infringement action, Apple challenged the opinions of the plaintiff's damage expert on several bases, including the determination of a royalty rate based on the price of third-party applications....more

12/29/2014 - Apple Daubert Standards Expert Testimony Patent Infringement Patent Litigation Patent Royalties Patents Royalties

Motion to Strike "Errata Sheets" to Deposition Testimony Granted Where Plaintiff's Expert Witnesses Changed Answers from "No" to...

In this patent infringement action, the defendant filed a motion to strike the "errata sheets" to deposition testimony of two of plaintiffs' expert witnesses, Neill Luebke and Robert Sinclair. The plaintiff opposed the motion...more

12/29/2014 - Depositions Expert Testimony Motion To Strike Patent Infringement Patent Litigation Patents

Defendant Ordered to Provide Access to Licensee Websites

BNB Health Grades, Inc. ("Health Grades") filed a patent infringement action against MDx Medical, Inc., d/b/a Vitals.com ("MDx"). During the litigation, Health Grades identified licensing agreements and associated systems...more

11/19/2014 - Discovery License Agreements Patent Infringement Patent Litigation Patents Websites

Production of Billing Statements from Law Firm Denied Even Though Deponent Could Not Recall Details of Why Information Was Not...

The defendants in this patent infringement action sought the production of certain billing statements of the law firm representing CleanTech. The defendants argued that the billing statements were discoverable based on their...more

11/17/2014 - Billing Depositions Discovery Patent Infringement Patent Litigation Patents

District Court Precludes Deposition of In-House Counsel Who Acted as Part of Trial Team Even Though Counsel Had Relevant,...

After plaintiff, McAirlaids, requested the deposition of one of Kimberly-Clark's ("K-C") in-house litigation counsel, K-C filed a motion for a protective order pursuant to Fed. R. Civ. P. 26(c) to preclude the deposition of...more

11/12/2014 - Attorney-Client Privilege Corporate Counsel Depositions Federal Rules of Civil Procedure Indemnification Kimberly-Clark Patent Infringement Patent Litigation Patents Work Product Privilege

District Court Denies Motion to File Amended Complaint to Add Direct Infringement Claim

Plaintiff Kaneka Corporation ("Plaintiff") filed a patent infringement against SKC Kolon PI, Inc. ("SKPI" or "Defendant") and SKC, Inc. ("SKC America"). After the district court issued a scheduling order setting, among other...more

11/10/2014 - Amended Complaints Cross-Complaints Direct Infringement Leave to Amend Patent Infringement Patent Litigation Patents

District Court Denies Daubert Motion Based on VirnetX as Exceeding the District Court's Role as Gatekeeper

In this patent infringement action, Adobe filed a Daubert motion seeking to exclude the plaintiff's damage expert largely based on VirnetX, Inc. v. Cisco Sys., Inc., 2014 WL 4548722 (Fed. Cir. Sept. 16, 2014). As explained by...more

11/4/2014 - Adobe Daubert Hearing Patent Infringement Patent Litigation Patents

District Court Precludes Admission of Inter Partes Review Proceedings in Front of Jury But Permits Consideration as part of...

In this patent infringement action between Ultratec, Inc. ("Ultratec") and Sorenson Communications, Inc. ("Sorenson"), Sorenson sought to admit evidence of an inter partes review proceeding of the patent-in-suit. Sorenson...more

10/29/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents Willful Infringement

Fujitsu v. Tellabs: Fujitsu Appeal's Decision on Motion to Compel and, After It Loses on Appeal, District Court Orders a Civil...

In this patent infringement action, the district court granted a motion to compel filed by Tellabs against Fujitsu. Fujitsu then filed a petition for a writ of mandamus with the Federal Circuit to overturn the decision of the...more

10/22/2014 - Civil Monetary Penalty Motion to Compel Patent Infringement Patent Litigation Patents Writ of Mandamus

Inducing Infringement Claim Dismissed on Sua Sponte Order Where Alleged Infringer Did Not Perform All Method Steps and Did Not...

In this patent infringement action, the district court issued a sua sponte order requiring plaintiff to show why its inducing infringement claims should not be dismissed as a matter of law. After addressing the United States...more

10/20/2014 - Induced Infringement Patent Infringement Patent Litigation Patents Sua Sponte

Laches Defense Denied Where Texas Instruments Failed to Produce Products that Demonstrated Notice During Discovery and Texas...

At the end of trial, the Defendant, Texas Instruments Incorporated's ("TI"), pursued its equitable defense of laches, the only remaining issue left in this patent infringement case. The district court conduced an evidentiary...more

10/8/2014 - Laches Patent Infringement Patent Litigation Patents Texas Instruments

District Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Did Not Provide Evidence That It Owned the Patent at...

Juno Lighting, LLC ("Juno") filed a complaint against Nora Lighting, Inc. ("Nora") on February 11, 2013. The complaint alleged that Nora infringed Juno's patent, No. 5,505,419 ("'419 Patent"), entitled Bar Hanger for a...more

10/6/2014 - Patent Infringement Patent Litigation Patents Standing

Court Denies Declaratory Judgment Defendant's Request to Re-Align Parties as Realignment Would Frustrate the Purpose of the...

Plaintiffs filed the declaratory judgment complaint in this patent case after receiving a letter from defendants alleging that Plaintiffs' products infringe two of defendants' patents. Plaintiffs sough declaratory judgment...more

9/30/2014 - Counterclaims Declaratory Judgments Patent Infringement Patent Litigation Patents

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