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District Court Orders Search of Inventors Emails and Finds That Discovery Is Proportional to Needs of Case Because Search Terms...

In this patent infringement action, T-Mobile sought email discovery from seventeen named inventors of the asserted patents and the licensing executives involved in the parties’ FRAND negotiations. T-Mobile asserted that the...more

Unwired v. Apple: District Court Sanctions Unwired for Failing to Produce Supplemental Information after Remand

During this patent infringement action, Apple filed a motion for discovery sanctions based on a failure to produce documents after a remand. The parties apparently had agreed to limited discovery post-remand, but a dispute...more

District Court Granted Voluntary Motion to Dismiss Against Named Defendant But Disallowed Reservation of Rights as to Unnamed...

In this patent infringement action, Plaintiff Wright's Well Control Services, LLC (WWCS) filed a motion to voluntarily dismiss defendant Christopher Mancini pursuant to Federal Rule of Civil Procedure 41(a)(2) with prejudice,...more

District Court Precludes New Substitute Witness for Failure to Timely Disclose

As trial approached in this patent infringement action, the plaintiff, 511 Innovations, Inc., filed a motion to exclude a witness at trial, Tim Benner from testifying at trial. The motion asserted that the defendant, Samsung,...more

District Court Denies Request to Change Expert Date Based on Change in Defense Counsel

Plaintiff Genes Industry, Inc. ("Genes") filed a patent infringement action against Defendant Custom Blinds and Components, Inc. ("Custom"). The patent discloses a winding wheel for use on window coverings....more

District Court Excludes Damage Expert for Failure to Apportion But Gives Expert One More Opportunity to Supplement Report

In this patent infringement action, Plaid sought to exclude the entirety of the plaintiff's damage expert's, Robinson's, reasonable royalty analysis as based on an apportionment "plucked out of thin air." Yodlee opposed the...more

District Court Denies Motion to Compel Inadvertently Produced Privileged Documents

In this patent infringement action, Teva inadvertently produced documents to Sunovion. Teva subsequently attempted to claw back the documents under the parties' protective order. ...more

Personal Web v. IBM: IBM's Motion to Compel Documents from Privilege Log Denied Where Motion Was Filed After Discovery Cut-Off

In this patent infringement action, IBM filed a motion to compel production of certain documents that were withheld as privileged. IBM contend that time was of the essence when it filed its motion....more

Plaintiff Cannot Take Back Venue Admission in Patent Infringement Action

Plaintiff Ecojet, Inc. ("Ecojet") brought a patent infringement action against Defendant Luraco, Inc. ("Luraco") for infringement of U.S. Patent No. RE45,844 ("the '844 Patent"). After the litigation was pending for several...more

District Court Rules That Claim Construction Requested For First Time During Trial Is Waived

During the trial, the plaintiff, Arthrex, requested that the district court construe the term "proximal end" in certain of the patent-in-suit, U.S. Patent No. 8,821,541 ("the '541 patent"). The district court determined that...more

Court Grants Motion to Dismiss for Lack of Case or Controversy Even Though Patent Holder Did Not Provide Covenant Not to Sue

Tech Pharmacy filed a patent infringement action against Defendant Alixa Rx LLC and Defendant Golden Gate National Senior Care LLC d/b/a Golden LivingCenters (collectively, "Defendants"). Tech Pharmacy subsequently filed its...more

District Court Strikes Infringement Contentions Pursuant to Doctrine of Equivalents Because They Contained Blanket Assertions That...

The Defendants filed a motion to strike the Plaintiff's infringement contentions, including their contentions under the doctrine of equivalents ("DOE"), for failing to comply with the Local Patent Rules ("P.R."). The...more

District Court Orders Plaintiff to Supplement Damage Information Provided in Federal Rule 26 Initial Disclosures Where Plaintiff...

In this discovery dispute in a patent infringement action, Frontgate contended that Balsam Brands, Inc. ("Balsam") failed to adequately respond to an interrogatory seeking information about Balsam's damages. As explained by...more

District Court Denies Motion for Preliminary Injunction Where the Plaintiff Did Not Show Specific Facts of Lost Sales or Injury to...

Plaintiff, D Now, Inc. (D-Now), obtained an exclusive license to U.S. Patent No. 8,795,020, which claims a bubble blowing tube. D Now filed a patent infringement action against defendants TPF Toys Limited and TPF Toys LLC...more

District Court Warns Plaintiff That If It Narrows Its Case Too Close to Trial, It Will Have Its Trial Time Reduced

During the pretrial conference, the Plaintiff Arthrex("Arthrex") told the district court that it may be able to narrow its case once the district court resolved certain pending motions for summary judgment. Shortly after the...more

Core Wireless v. LG: District Court Orders Enhanced Damages Based on Defendant's Licensing Discussions

A jury returned a verdict finding that LG infringed the claims of the patent-in-suit and that the claims were not invalid. The jury also found that the infringement was willful. As a result, the district court determined...more

District Court Stays Patent Litigation Pending State Court Proceedings That Will Determine Licensing Issue

In this patent infringement action, MMEI, owns U.S. patent 6,234,099 ("the '099 patent"). Fineline Industries, Inc. ("Fineline Inc.") entered into a license agreement with MMEI that permitted Fineline Inc. to use the '099...more

District Court Precludes Defendant from Referring to Plaintiff's Past Settlements as "Nuisance Value" But Allows Amount of Such...

As this patent infringement proceeded closer to trial, the parties filed various motions in limine. The plaintiff, PerDiemco, filed a motion in limine to preclude evidence or argument referring to PerDiem's prior settlements...more

District Court Orders Plaintiff to Produce Factual Support for Infringement Contentions Regardless of Work Product Doctrine

Huawei and Blackberry filed motions to compel seeking the factual material that the plaintiff, SPH, had relied upon to support its infringement contentions. SPH opposed the motion to compel, arguing that Defendants' requests...more

Barry v. Medtronic: District Court Orders Strict Limits on Social Media Contacts with Potential Jurors

As the patent infringement case between Mark Barry, M.D. ("Barry") and Medtronic approached trial, the district court informed the parties that it intended to provide the parties with a list of potential jurors to assist...more

District Court Grants Motion to Strike Infringement Contentions for Doctrine of Equivalents and Indirect Infringement That Did Not...

The defendant filed a motion to strike part of the plaintiff's initial infringement contentions, focusing on infringement under the doctrine of equivalents and indirect infringement. The defendant asserted that the Local...more

After Plaintiff Asserted Boilerplate Objections to Discovery, District Court Orders Plaintiff's Objections Waived

The plaintiff filed a complaint against the defendant for patent infringement, trade dress infringement and unfair competition, among other claims, based on the defendants' marketing and selling of portable vaporizers. The...more

District Court Grants Plaintiff's Motion for Preliminary Injunction to Preclude Defendant from Discussing Case with Plaintiff's...

In this patent infringement action, the Defendant, GHP Group, Inc. ("GHP"), hired the Plaintiff's, ProCom Heating, Inc. ("ProCom"), president during the litigation. The Plaintiff then filed a request for a temporary...more

District Court Concludes that Plaintiff Is Collaterally Estopped from Asserting Two Related Patents After Court in Another...

In this patent infringement action, the Defendant moved for dismissal based on collateral estoppel and Alice contending that a prior district court had found the patents invalid for lack of patentable subject matter. Before...more

District Court Denies Motion for Preliminary Injunction Where Inter Partes Review ("IPR") Pending on Claims from Different Patent...

In earlier patent infringement litigation, the Plaintiff sued Ancestry.com DNA, LLC ("Ancestry") in the District of Delaware ("Delaware litigation") alleging infringement of U.S. Patent Number 8,221,381 (the "'381 patent")....more

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