Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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Court Denies "Emergency" Motion to Lift Temporary Stay Noting That Plaintiff "Is Palpably Irritated," But "That's Not Going to Cut...

In this patent infringement action, Meyer Products LLC ("Meyer Products" or "defendant") filed a motion to stay the case pending an inter partes review. After the motion was filed, the court set a briefing schedule. As part...more

7/3/2015 - Inter Partes Review Proceedings Motion To Stay Patent Infringement Patent Litigation Patents

District Court Stays Patent Infringement Action Pending Inter Partes Review Prior to Institution of Review by Patent Trial and...

The plaintiff CRFD Research, Inc. ("CRFD") filed a patent infringement action defendants Dish Network Corporation, Dish DBS Corporation, Dish Network L.L.C., Echostar Corporation, and Echostar Technologies L.L.C....more

6/25/2015 - Dish Network Hulu Inter Partes Review Proceedings Netflix Patent Infringement Patent Trial and Appeal Board Patents Spotify

Case Dismissed After Claims Upon Which Lawsuit Was Initiated Were Cancelled During Re-Examination

Defendant Extended Disc North America, Inc. ("EDNA") filed a motion for summary judgment of non-infringement and invalidity, and, alternatively, a motion to dismiss against plaintiff Target Training International, Ltd.'s...more

6/23/2015 - EDNA Ex Partes Reexamination Motion for Summary Judgment Motion to Dismiss Motion To Stay Noninfringement Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patent-in-Suit Patents USPTO

Retailer Permitted to Sell Existing Inventory after Preliminary Injunction Issued against Manufacturer

After the plaintiff Cordelia Lighting, Inc. ("Cordelia") obtained a preliminary injunction against Zhejiang Yankon Grp. ("Yankon"), Cordelia sought to add certain retailers to the injunction. Cordelia owns U.S. Patent No....more

6/17/2015 - Design Patent Intellectual Property Litigation Lighting Equipment Lowes Manufacturers Patent Infringement Patents Preliminary Injunctions Retailers

Claw Back of Privileged Documents Fails Where Defendants Had Used the Documents in Depositions, Expert Reports and in Briefs...

Defendants filed a motion to compel Adaptix to re-produce documents that Adaptix had clawed back on the grounds of privilege. Adaptix had early produced the documents in several productions. The Defendants argued in the...more

6/15/2015 - Attorney-Client Privilege Clawbacks Depositions Discovery Inadvertent Disclosure Motion to Compel Patent Infringement Patent Litigation Patents Privilege Waivers Work Product Privilege Work-Product Doctrine

Supreme Court's Decision in Teva Does Not Require Federal Circuit to Review Immaterial or Improper Fact-Finding under a Clear...

After an appeal to the Federal Circuit, Defendant Arthrex, Inc. ("Arthrex") filed a motion to reopen the judgment under FRCP 60(b). Arthrex premised its motion on the argument that the judgment should be reopened in light of...more

6/8/2015 - Appeals Claim Construction Clear Error Standard De Novo Standard of Review Extrinsic Evidence Judgment As A Matter Of Law Motion for Reconsideration Patent Infringement Patents Teva v Sandoz

Cascades v. Samsung: Court Denies Motion to Compel Deposition of Trial Counsel but Grants Request to Produce Fee Agreement

Defendant Samsung Electronics Co. ("Samsung") filed a motion to compel plaintiff Cascades Computer Innovation, LLC ("Cascades") to produce additional documents and to require its trial counsel to appear for a deposition....more

6/5/2015 - Depositions Document Productions Motion to Compel Patent Infringement Patents Samsung Witnesses

Farstone v. Apple: With "far too many disputes," Court orders face-to-face meet and confer to resolve motion to compel

Apple filed a motion to compel discovery from Farstone Technology, Inc. ("Farstone") by way of a Joint Stipulation as required by the court's local rules. After the court reviewed the joint stipulation, it found that there...more

6/4/2015 - Apple Local Rules Meet and Confer Motion to Compel Patent Infringement Patent Litigation Patents

No Vacation in Florida: Court Orders Notice of Vacation Designation Stricken

In this patent infringement action between Natural Chemistry LP and Orenda Technologies, Inc. ("Orenda"), Orenda's counsel filed a notice of vacation designation, which the district court characterized as a notice of...more

5/29/2015 - Notice of Motions Notice of Unavailability Patent Infringement Patents Trial Schedule

District Court Orders Submission of Expert Reports on Damages to Determine Proper Usage of Entire Market Value Rule

Invista North America S.A. R.L. ("Invistia") filed a patent infringement action against M&G USA Corporation ("M&G"). As the case progressed toward trial, both parties exchanged expert reports on damages, which implicated the...more

5/26/2015 - Expert Testimony Patent Infringement Patent Litigation Patents Valuation Experts

Another One Bites the Dust: Action Dismissed for Lack of Standing Where Plaintiff Could Not Prove Ownership of the Patent-In-Suit

America's Collectibles Network ("ACN") filed a patent infringement action in which it claimed to own U.S. Patent No. 8,370,211 (the "211 Patent"). It brought this action against the Genuine Gemstone Company ("Genuine...more

5/15/2015 - Motion to Dismiss Patent Infringement Patent Litigation Patents Standing

District Court Denies Motion to Stay Pending Inter Partes Review Where Trial Was Less Than a Year Away and Defendant's Previous...

Presidio Components, Inc. ("Presidio") filed a complaint against American Technical Ceramics Corp. ("ATC") asserting a claim for patent infringement. ATC filed a motion to stay the case pending PTO review of the...more

5/11/2015 - Inter Partes Review Proceedings Motion To Stay Patent Infringement Patents

District Court Excludes Prior Art References in Expert Report That Were Not Included in Invalidity Contentions

After the district court adopted a specialized scheduling order that was based on local patent rules in other districts, the plaintiffs served detailed infringement contentions and the defendant served detailed invalidity...more

5/5/2015 - Expert Witness Federal Rules of Civil Procedure Local Rules Patent Infringement Patent Litigation Patents

District Court Dismisses Action after Patent Is Transferred to President of Company

After Plaintiff Pi-Net International, Inc. ("Pi-Net") brought suit against Defendants Focus Business Bank and Bridge Bank, N.A. for patent infringement, the Patent and Trademark Office initiated an Inter Partes Review ("IPR")...more

4/20/2015 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent-in-Suit Patents Standing Stays Transfer of Assets

District Court Denies Motion for Leave to Amend Answer to Assert Affirmative Defense of Patent Misuse

The defendants in this patent infringement action filed several motions for leave to amend their answers to include various affirmative defenses, including: (1) the affirmative defense of patent misuse; (2) the affirmative...more

4/16/2015 - Affirmative Defenses Counterclaims Motion to Amend Patent Infringement Patent Litigation Patents

District Court Denies Motion for Leave to File Summary Judgment as Premature Prior to Claim Construction

Rec Software USA, Inc. ("Rec") filed a patent infringement action against HTC America, Inc. ("HTC"). HTC requested leave to file a motion for summary judgment based on 35 U.S.C. §101. The request for leave to file the summary...more

4/13/2015 - Claim Construction HTC America Motion for Summary Judgment Patent Infringement Patent Litigation Patents

District Court Lifts Stay After Covered Business Method Review Is Dismissed Because Federal Circuit Would Not Have Jurisdiction to...

Plaintiff GT Nexus, Inc. ("GT Nexus") filed a declaratory judgment action against Inttra, Inc. ("Inttra") seeking a declaration that four of Inttra's patents ("patents-in-suit") were invalid and have not been infringed....more

4/13/2015 - Counterclaims Covered Business Method Proceedings Declaratory Judgments Patent Infringement Patent Trial and Appeal Board Patent-in-Suit Patents Stays

District Court Grants Motion to Dismiss for Lack of Standing on the Eve of Trial

Plaintiff Labyrinth Optical Technologies LLC ("Labyrinth") filed a patent infringement action against Defendant Alcatel-Lucent USA, Inc. ("Lucent"), alleging that Lucent infringes U.S. Patent No. 8,103,173 (the "'173...more

4/7/2015 - Dismissals Patent Infringement Patent Litigation Patents

District Court Denies Motion to Stay Pending Ex Parte Reexamination Where Defendant Was Competitor of Plaintiff and Chose Ex Parte...

Plaintiff Ecolab Inc. ("Ecolab") filed a patent infringement action alleging that Gurtler infringed Ecolab's patent for "SANITIZING LAUNDRY SOUR," United States Patent No. 6,262,013 (the "'013 Patent"). Gurtler subsequently...more

3/25/2015 - Ex Partes Reexamination Patent Infringement Patent Litigation Patents

District Court Denies Motion to Stay Pending Ex parte Reexamination Where Defendant Was Competitor of Plaintiff and Chose Ex Parte...

Plaintiff Ecolab Inc. ("Ecolab") filed a patent infringement action alleging that Gurtler infringed Ecolab's patent for "SANITIZING LAUNDRY SOUR," United States Patent No. 6,262,013 (the "'013 Patent"). Gurtler subsequently...more

3/19/2015 - Ex Partes Reexamination Patent Infringement Patent Litigation Patents

District Court Agrees to Stay Action Pending Inter Partes Review ("IPR") But Only if Defendants Agreed to Be Bound by Estoppel...

After the defendants moved to stay a patent infringement action pending an IPR, the district court analyzed the impact of a potential withdrawal of petitioners from the IPR. The district court began its analysis with the...more

3/16/2015 - Estoppel Inter Partes Review Proceedings Motion To Stay Patent Infringement Patents Withdrawal

Even after Jury Trial and Final Judgment in Favor of Patent Owner, Collateral Estoppel of Invalidity from a Subsequent, Other...

The plaintiff, U.S. Ethernet Innovations, LLC ("USEI"), filed a patent infringement action against several defendants in the Eastern District of Texas. The district court then transferred the cases to the Northern District of...more

3/10/2015 - Collateral Estoppel Final Judgment Jury Trial Patent Infringement Patent Litigation Patents Texas Instruments

Three Strike and You are Out: District Court Grants Summary Judgment on Lack of Standing, No Infringement and Invalidates the...

Plaintiff NOV filed a patent infringement action asserting that defendant Omron had infringed NOV's patent (U.S. Patent No. 5,474,142 or the '142 Patent). Specifically, NOV alleged Omron's oil rig automation control system...more

3/5/2015 - Oil & Gas Patent Infringement Patent Litigation Patents Standing

District Court Denies Motion in Limine Seeking to Preclude Advice of Counsel Defense Even Though Plaintiff Was not Able to Obtain...

The Plaintiff filed a motion in limine seeking the district court to preclude the Defendant from offering at trial any testimony regarding the Defendant's opinion of counsel defense that was not disclosed during discovery. As...more

3/4/2015 - Document Productions Motions in Limine Patent Infringement Patent Litigation Patents Testimony Trade Secrets

District Court Denies Motion to Lift Stay Pending Inter Partes Review Even Where Plaintiff Agreed to Not Pursue Claims That Were...

Barco filed a patent infringement action in September 2011 against Defendants Eizo Nanao Corporation and Eizo Nanao Technologies, Inc. ("Eizo"), alleging that Eizo infringed various claims in U.S. Patent No. 7,639,849 (the...more

2/27/2015 - Intellectual Property Litigation Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents USPTO

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