Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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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 Declines to Stay Action Pending Inter Partes Review ("IPR") Where Claim Construction Briefing Had Already Occurred

After the PTAB granted Defendant's petition for IPR on certain of the claims in the patent-in-suit, the defendant filed a motion to stay the action pending the resolution of the IPR. The plaintiffs objected to a stay, but...more

1/28/2016 - Claim Construction Inter Partes Review Proceedings Markman Hearing Motion To Stay Patent Litigation Patent Trial and Appeal Board

Expert Patent Valuation Opinion Based on Forward Citation Analysis Survives Daubert Challenge

Plaintiff Better Mouse Company's ("Better Mouse") filed a motion to strike portions of the rebuttal expert report and exclude testimony of Richard Eichmann. Better Mouse asserted that the district court should exclude Mr....more

1/20/2016 - Daubert Standards Expert Testimony Patent Litigation Patents Valuation

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 Declines to Delay Transfer of Case Pending Ruling on Claim Construction

The plaintiffs, Chrimar Systems, Inc. and Chrimar Holding Company, LLC ("Chrimar"), filed a motion to reconsider the district court's order granting Ruckus Wireless, Inc.'s ("Ruckus") motion to transfer venue to the Northern...more

1/15/2016 - Claim Construction Motion To Reconsider Patent Litigation Transfer of Venue

District Court Denies Motion for Leave to Have Forensic Expert Report Used as Affirmative Evidence

The defendants filed a motion for leave to have the forensic expert report of Curtis Rose considered as affirmative evidence. The defendants timely served Rose's expert rebuttal report but sought to use his opinions as...more

1/14/2016 - Discovery Expert Testimony Garmin International Motion for Leave Patent Litigation

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 Grants Sanctions Reducing Number of 30(b)(6) Depositions, Awarding Costs to Plaintiff and with a Warning that...

In this patent infringement action, the plaintiff filed a motion for discovery sanctions. The plaintiff argued in its motion that defendant failed to comply with the district court's October 7, 2015 oral discovery order and...more

12/21/2015 - Depositions Discovery Patent Infringement Patent Litigation Rule 30(b)(6) Sanctions

A Snapshot of University Patent Litigation

As patent litigation overall has grown rapidly since 2010, the industry has also seen a shift in some traditionally litigation averse players. University tech transfer organizations in particular have increased their filings...more

12/18/2015 - Apple Carnegie Mellon Johns Hopkins Non-Practicing Entities Patent Infringement Patent Litigation Patent Trolls Popular Universities

Calling the "Hotline": Witness Ordered to Answer "Who" and "When" Deposition Questions Regarding Litigation Hold Memorandum

On November 17, 2015, during a deposition of a fact witness, counsel for the plaintiff, Ericsson Inc. ("Ericsson"), attempted to question the witness regarding a litigation hold memorandum (the "memo"). Counsel for the...more

12/7/2015 - Ericsson Litigation Hold Patent Litigation

District Court Declines Request to Vacate Claim Construction Order after Parties Enter into Consent Judgment

Canvs filed a patent infringement action in 2014 asserting that Nivisys induced and contributed to the infringement of its patent through the sale of TACS and TACS-M products. After a lengthy stay, the district court held a...more

12/3/2015 - Claim Construction Collateral Estoppel Markman Hearing Patent Infringement Patent Litigation

District Court Lifts Stay Pending Inter Partes Review ("IPR") after the USPTO Declined to Institute Review on Two of the Three...

The district court had previously stayed all proceedings in the pending an IPR. The district court issued the stay because the USPTO proceedings had the potential to resolve the validity of most of the claims in the...more

11/30/2015 - Inter Partes Review Proceedings Order to Stay Patent Litigation Patents USPTO

District Court Grants Motion to Dismiss for Lack of Standing Where Co-Owners of Patent Were Not Joined in Original Complaint But...

Cobra International, Inc. ("Cobra") filed a patent infringement action against Defendants for infringement of U.S. Patent No. 5,821,858 ("the '858 patent"). Cobra alleged that the '858 patent was issued to Allan J. Stone, who...more

11/27/2015 - IP Assignment Agreements Joint Inventors Patent Infringement Patent Litigation Patents Standing

Plaintiff Seeks to Substitute Damage Expert after Expert Retires

In this patent infringement action, the plaintiff sought to substitute its damage expert because its current damage expert had retired. The plaintiff also sought to withdraw the retired expert's damage report....more

11/4/2015 - Expert Witness Patent Infringement Patent Litigation Patents

Amazon Seeks Motion in Limine Requiring Plaintiff to Remove Statements on Website Prior to Trial

As the case between Milo & Gabby, LLC and Amazon moved closer to trial, Amazon filed several motions in limine, including a motion to force the plaintiffs to remove statements from its websites, which Amazon contended were...more

11/2/2015 - Amazon Motions in Limine Patent Litigation Patents Prior Restraint

WARF v. Apple: Motion to Exclude Live Witness Granted Where Apple Had Previously Sought to Rely Solely on Deposition Testimony

As the Wisconsin Alumni Research Foundation ("WARF") patent infringement case against Apple approached trial, Apple attempted to call a witness live that it had previously informed WARF's counsel would be called by...more

10/28/2015 - Apple Depositions Expert Witness Patent Infringement Patent Litigation Patents

After Granting Motion for Summary Judgment on Issue of Non-Infringement, District Court Orders Parties to Proceed to Bench Trial...

The District Court granted Transcend's motion for summary judgment on the issue of non-infringement and denied the patent owner's, Glaukos', motion on the issue of inequitable conduct. The District Court then set a bench...more

10/26/2015 - Inequitable Conduct Noninfringement Patent Infringement Patent Litigation Patents Summary Judgment

District Court Declines to Admit Denial of Petition for Inter Partes Review ("IPR") into Evidence before Jury

In a pending patent infringement action, Apple moved to preclude the plaintiff, Wisconsin Alumni Research Foundations ("WARF") from offering evidence or argument regarding the Patent Office's denial of an IPR that Apple...more

10/21/2015 - Apple Evidence Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Prior Art USPTO

District Court Denies Motion to Reconsider Summary Judgment Eliminating Pre-Suit Damages for Failure to Mark Imported Products

The district court had previously held that no reasonable jury could find that the plaintiff Corning Optical Communications Wireless LTD ("Corning") marked its products or otherwise complied with the marking requirements...more

10/14/2015 - Motion for Summary Judgment Motion To Reconsider Patent Litigation Patents Subsidiaries The Patent Act

Even though Defendant filed Disguised Daubert Motion that Court Called "Untimely" and "Lame," the District Court Granted the...

In this patent infringement action, Defendant R/X Automation Solutions filed a motion in limine to exclude one of plaintiff's experts. The district court concluded that the motion was an untimely Daubert motion because the...more

10/13/2015 - Daubert Standards Expert Testimony Patent Infringement Patent Litigation Patents

Court Orders Law Firm and Client Joint and Severally Liable for Part of Attorney's Fee Award After Determination That Case Was...

The district court briefly summarized this patent infringement action that it found frivolous as follows: "In the 1990's, Segan invented a system for people to browse the Internet. Today, Zynga makes video games that people...more

10/2/2015 - Attorney's Fees Exceptional Case Frivolous Lawsuits Patent Infringement Patent Litigation Patents Rule 11 Zynga

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