Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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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 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 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

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

District Court Denies Plaintiffs' Motion to Exclude Damage Expert Report Where Expert Relied Upon Comparable Licenses

In this patent infringement action, Plaintiffs filed a motion to exclude the defendant's damage expert. The motion sought to exclude portion of the defendant's expert report on damages, in particular the "market share...more

3/4/2016 - Expert Testimony IP License Motion to Exclude Patent Infringement

The Problem with Backup Tapes: District Court Orders Retention of Old Backup Tapes for Ongoing Litigation

In this patent infringement action pending in a multi-district litigation, one of the defendants moved the district court for an order allowing the defendant to destroy old backup tapes. Defendant ICM, Inc. ("ICM") moved for...more

3/1/2016 - Corporate Counsel Data Retention Discovery Multidistrict Litigation Patent Infringement Patent Litigation

District Court Grants Motion to Strike Damage Expert Where Damage Expert Did Not Serve Report Prior to Court Deadline

In this patent infringement suit, Defendants and Counterclaimants James Stephens and Spectrum Laboratories, LLC ("Spectrum") moved to strike the report of Plaintiff's damages expert, Robert Taylor. Spectrum argued that the...more

2/26/2016 - Damages Expert Testimony Motion To Strike Patent Infringement Patent Litigation

Applying New Proportionality Requirements, Court Grants Motion to Compel and Orders Production of Unredacted Tax Returns and...

In this patent infringement action, Slide Fire Solutions, LP ("Slide Fire") moved to compel discovery responses from Bump Fire Systems ("Bump Fire"). Bump Fire also requested a protective order to prevent the disclosure of...more

2/23/2016 - Attorney's Fees Confidential Information Discovery FRCP 26(b)(1) Motion to Compel Patent Infringement Patent Litigation Proportionality Tax Returns

Chestnut v. Apple: District Court Puts Plaintiff to the Test--Proceed on Limited Number of Claims or Continue Stay pending Inter...

In this patent infringement action, the plaintiff asserted claims from two different patents against Apple. Apple filed an Inter Partes Review ("IPR") with the Patent Trial and Appeal Board ("PTAB") and moved to stay the case...more

2/18/2016 - Apple Inter Partes Review Proceedings Motion To Stay Patent Infringement Patent Litigation Patent Trial and Appeal Board

Defendants' Motion Seeking to Depose Opposing Counsel Denied Where Defendants Could Not Show That Information Was Unavailable from...

After the plaintiff filed suit against the defendants for patent infringement, the defendants contended that they uncovered during discovery a series of e-mails demonstrating that in 2011, plaintiff engaged plaintiff's...more

2/11/2016 - Depositions Discovery Motion to Compel Patent Infringement Patent Litigation Rule 30(b)(6) Samsung

District Court Denies Motion to Dismiss under Section 101 Even Though Two Other District Courts Had Founds Patents Ineligible

In this patent infringement action, the Defendants filed motions for partial summary judgment of invalidity with respect to two of the patents at issue in the case. The defendants argued that two district courts had already...more

2/9/2016 - Citigroup Motion for Summary Judgment Motion To Stay Patent Infringement Patent Invalidity Patent Litigation The Patent Act

Evidence of Copying Admissible in Patent Infringement Trial to Prove Nonobviousness

Metaswitch moved to exclude evidence of copying from a patent infringement action filed against it by Genband. Genband asserted during the pretrial process that it was seeking to introduce evidence of copying as an indication...more

2/5/2016 - Admissible Evidence Motion to Exclude Obviousness Patent Infringement Patent Litigation

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 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 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

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