Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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District Court Denies Request to Preclude Defendant from Sharing Confidential Information of Plaintiff with PTAB as part of Inter...

In this patent infringement action between Ultratec and CaptionCall, CaptionCall filed a motion for relief from the stipulated protective order in order to use confidential commercial information from Ultratec (the...more

9/22/2016 - Confidential Information Inter Partes Review Proceedings Patent Infringement Protective Orders

District Court Precludes Damage Expert from Using a Settlement Agreement to Derive a Reasonable Royalty Calculation Where Expert...

MAX Encryption Technologies ("MAZ") filed a patent infringement action against Blackberry for patent entitled "Method of Transparent Encryption and Decryption for an Electronic Document Management System," U.S. Patent No....more

9/15/2016 - Blackberry Encryption Expert Testimony Patent Infringement Royalties Settlement Agreements

District Court Orders Production of Source Code in Searchable Format

The plaintiff, [24]7 Customer, Inc. ("[24]/7"), filed a lawsuit against Defendant LivePerson, Inc. ("LivePerson") alleging that LivePerson infringed several patents pertaining to a customer engagement software platform. After...more

9/13/2016 - Online Platforms Patent Infringement Source Code

Sprint v. Comcast: District Court Denies Request for Attorney's Fees Pending Appeal to the Federal Circuit

Plaintiff Sprint Communications Company brought suit against Defendants Comcast Cable Communications, LLC and Comcast IP Phone, LLC alleging infringement of six of its patents related to telecommunications and data...more

9/7/2016 - Attorney's Fees Comcast Corporate Counsel Motion for Judgment Patent Infringement Sprint Telecommunications

Grecia v. McDonald's: District Court Grants Motion to Dismiss Where McDonald's Could Not "Use" System for Patent Infringement...

The plaintiff, Grecia, alleged that McDonald's infringed certain claims of U.S. Patent No. 8,533,860 ("the '860 patent") and of U.S. Patent No. 8,402,555 ("the '555 patent") through its use of the "tokenization systems" of...more

9/7/2016 - Credit Cards Direct Infringement Dismissals McDonalds Patent Infringement Payment Processors

Murata v. Daifuku: District Court Denies Preliminary Injunction Motion for a Second Time After Remand from Federal Circuit Based...

In September 2013, Murata filed a patent infringement action alleging that Daifuku infringed three of its patents (the "Original Patents"). A year later, in September 2014, Murata moved to amend its Complaint to add two...more

9/2/2016 - Federal Rules of Civil Procedure Inter Partes Review Proceedings Leave to Amend Patent Infringement Preliminary Injunctions Remand Stays

District Court Denies Apple's Request to Add Acacia into Patent Infringement Lawsuit as Alter Ego of Plaintiff

In this patent infringement action, Apple filed a motion to add additional Acacia entities as plaintiffs in the action. Apple's primary argue was that the Acacia entities were the alter egos of the plaintiff and that the...more

8/23/2016 - Alter Ego Apple Attorney's Fees Patent Infringement Popular

District Court Denies Request for Production of Documents Provided to Prospective Litigation Funding Organizations

In this patent infringement action, the defendant sought the production of documents that the plaintif, IOENGINGE, had provided to potential companies that could fund litigation. IOENGINGED claimed that the documents were...more

8/17/2016 - Document Productions Patent Infringement Work-Product Doctrine

District Court Excludes Evidence of Lost Profits Where Inventor Did Not Make Products That Practiced the Patent Even Though a...

In this patent infringement action, the defendants filed a motion in limine to exclude evidence of any claimed lost profits damages alleged by the plaintiff, the inventor of the patent-in-suit. The defendants asserted that...more

8/15/2016 - Inventors Lost Profits Motion to Exclude Motions in Limine Patent Infringement Patent Litigation

District Court Grants Motion to Strike Errata Changing Deposition Answers from a "Yes" to a "No"

In this patent infringement action, the defendants filed a motion to strike an errata change to the deposition testimony of a witness, Joseph Tindall. The district court noted that if the errata were allowed, it would change...more

8/12/2016 - Depositions Motion To Strike Patent Infringement Patent Litigation Patents Rule 30(e) Testimony Young Lawyers

District Court Precludes Defendant from Making Disparaging Remarks Directed at Patent and Trademark Office in Front of Jury But...

Core Wireless Licensing ("Core Wireless") filed a patent infringement action against LG Electronics, Inc. ("LG"). As the matter approached trial, both parties filed motions in limine. Core Wireless filed a motion to prevent...more

8/9/2016 - Disparagement LG Electronics Motions in Limine Patent Infringement USPTO

Jury's Finding of Willfulness Sufficient Under Halo to Support Judgment of Willful Infringement

Sociedad Espanola de Electromedicina Y Calidad, S.A. (Sedecal) filed a patent infringement action against Blue Ridge X-Ray Company, Inc. (Blue Ridge X-Ray), DRGEM USA, Inc. (DRGEM USA), and DRGEM Corporation (DRGEM Corp.),...more

8/5/2016 - Halo v Pulse Jury Awards Patent Infringement Willful Infringement

District Court Orders Production of Bills from Expert Witnesses But Permits Redaction of Narrative Statements in Bills

In this patent infringement action, the defendant, Ericsson moved to compel the plaintiff, TCL, to produce bills and invoices for worked performed by TCL's expert witnesses. TCL sought to redact the bills and invoices to...more

7/26/2016 - Discovery Document Productions Ericsson Expert Witness Motion to Compel Patent Infringement Patent Litigation Redaction Rule 26

Subsequent Employment Agreement Assigning Inventor's Intellectual Property Rights Does not Defeat Standing for Inventions Created...

The plaintiff, Odyssey Wireless ("Odyssey") filed four separate actions for patent infringement against Defendants Apple, Samsung, LG, and Motorola, alleging infringement of U.S. Patent Nos. 7,881,393; 8,199,837; 8,576,940;...more

7/21/2016 - Apple Confidentiality Agreements Employment Contract IP Assignment Agreements LG Electronics Motorola Patent Infringement Patent Litigation Patent-in-Suit Samsung Standing

District Court Permits Survey Evidence to Support Lost Profits Damage Theory

The defendants', Roland DGA Corporation and Roland DG Corporation (collectively "Roland"), filed a motion for summary judgment against plaintiff, Gerber Scientific International, Inc. ("Gerber") regarding Gerber's claims for...more

7/15/2016 - Admissible Evidence But For Causation Damages Genuine Issue of Material Fact Gerber Lost Profits Motion for Summary Judgment Patent Infringement Surveys

District Court Denies Leave to Amend to Add Implied License Affirmative Defense Where Motion for Leave Was Filed Just Two Months...

Google, Inc. and YouTube, LLC (collectively "Google") filed a motion for leave to amend their answer to include an implied license affirmative defense. Because Google filed the motion to amend its answer more than two months...more

7/12/2016 - Affirmative Defenses Covenant Not to Sue Estoppel Google License Agreements Motion for Leave Patent Exhaustion Patent Infringement Patent Litigation YouTube

After Halo, District Court Concludes that Jury's Finding of Willfulness Is Still Appropriate

After a jury trial finding American Technical Ceramics Corp. ("ATC) willfully infringed Presidio Component's ("Presidio") patent, ATC filed a motion for a finding of no willful infringement based on the Supreme Court's...more

7/7/2016 - Enhanced Damages Halo v Pulse Jury Trial Jury Verdicts Patent Infringement Seagate Willful Infringement

After Inventor Dies, Patent Infringement Lawsuit Is Dismissed for Lack of Standing on Court's Own Motion

Chris Tavantzis and ChrisTrikes Custom Motorcycles, Inc. ("ChrisTrikes") filed a complaint against a number of individuals and entities that allegedly infringed on a patent for a wheelchair-accessible motorcycle (the...more

7/5/2016 - Article III Dismissals PATENT Act Patent Infringement Patent Litigation Standing Subject Matter Jurisdiction Successors

District Court Declines Parties Joint Motion to Sever New Defendant from Pending Action

In this patent infringement action, the parties filed a joint motion to request that the district court sever Defendant Contour, LLC ("Contour") from the case. VStream, the plaintiff, had not effected service on Contour until...more

6/27/2016 - Case Consolidation Markman Hearing Motion To Sever Patent Infringement Patent Litigation Service of Process

After a Jury Trial Determining that the Defendant Infringed Several Valid Patents, the District Court Certified the Partial...

Plaintiffs asserted that defendants infringed several patents. The district court bifurcated liability and damages for all four patent infringement claims. After a jury trial, the jury concluded that the patents were valid...more

6/23/2016 - Bifurcation Damages Inter Partes Review Proceedings Jury Trial Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Rule 54(b)

Defendant's "Piecemeal" Approach to Discovery and Review of Only Select Files of Corporate Employees Results in Sanctions

In this patent infringement action, the defendants conducted a "piecemeal approach to discovery, reviewing only the files of select corporate employees." The district court found that this approach was contrary to the Federal...more

6/20/2016 - Attorney's Fees Discovery FRCP 26 Motion to Compel Patent Infringement Patent Litigation Sanctions

District Court Denies Request to Stay Discovery Pending Motion to Dismiss Based on Patent-Ineligible Subject Matter

J. Crew filed a motion to dismiss the plaintiffs' claims for patent infringement pursuant to Federal Rule of Civil Procedure 12(b)(6), asserting that the patents-in-suit are drawn to patent-ineligible subject matter and...more

6/15/2016 - CLS Bank v Alice Corp Discovery Federal Rule 12(b)(6) J Crew Motion to Dismiss Motion To Stay Patent Infringement Patent-Eligible Subject Matter Section 101

District Court Denies Request for Order Compelling Production of Damage Expert Report from a Different Pending Case

In this patent infringement action between Chrimar Systems, Inc. ("Chrimar") and Alcatel-Lucent USA, Inc. ("Lucent"). Lucent sought production of the damages expert report of Plaintiffs' damages expert, Robert Mills, that was...more

6/14/2016 - Confidential Information Expert Testimony Motion to Compel Patent Infringement Patent Litigation Protective Orders Subpoenas

District Court May Preclude Evidence from Parent Company Where Parent Company Was Dismissed from Case and Then Refused to Provide...

When this patent infringement action began, the plaintiff explained that it was concerned that it would not be able to obtain important discovery if Ricoh Company Ltd. ("RCL"), which is the parent company of the defendants,...more

6/10/2016 - Discovery Japan Letters Rogatory Motion to Compel Order to Show Cause Parent Corporation Patent Infringement Patent Litigation Rule 30(b)(6)

As Part of Protective Order, District Court Orders Prosecution Bar and Covenant Not to Sue for New Patents Acquired by Patent...

In this patent infringement action, a dispute arose between Plaintiff Blackbird Tech LLC ("Blackbird") and the defendants over the terms of proposed protective orders to govern the use of confidential information produced....more

6/7/2016 - Confidential Information Corporate Counsel Covenant Not to Sue Inadvertent Disclosure Patent Infringement Patent Litigation Patent Portfolios Patent Prosecution Protective Orders

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