Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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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

Court Declines to Stay Discovery Pending Motion to Dismiss Under Section 101 Because Court Does Not Believe That There Is an...

The defendants filed a motion to stay discovery until the district court ruled upon its motion to dismiss pursuant to 35 U.S.C. § 101. In their motion to stay, Defendants asserted that its motion to stay discovery should be...more

9/29/2015 - Discovery Motion to Dismiss Motion To Stay Patent Litigation Patents

Court Orders Sanctions for Failure to Produce Source Code on a Timely Basis

Plaintiffs Ericsson Inc. and Telefonaktiebolaget LM Ericsson's ("Ericsson") filed a motion to compel discovery of source code and technical documents, pursuant to Local Patent Rule 3-4 in the Eastern District of Texas. As...more

9/28/2015 - Discovery Document Productions Ericsson Local Rules Motion to Compel Patent Infringement Patent Litigation

It Is Cold Out There: District Court Denies Joint Stipulation to Stay Case Pending Inter Partes Review -- Twice

In consolidated patent infringement actions between Arctic Cat and Polaris, Artic Cat filed four petitions for inter partes review ("IPR") of two patents asserted by Polaris. Three days after the IPRs were filed, the parties...more

9/18/2015 - Case Consolidation Inter Partes Review Proceedings Motion To Stay Patent Litigation Patents

District Court Denies Motion to Dismiss for Lack of Personal Jurisdiction Where Plaintiff Sent ANDA Notice Letter

Defendants, Nang Kuang Pharmaceutical Co., Ltd. ("Nang Kuang") and CANDA NX-2, LLC ("CANDA") (collectively, "Defendants") filed a motion to dismiss, asserting that the patent infringement action filed by Plaintiffs, Eli Lilly...more

9/7/2015 - ANDA Eli Lilly FDA Generic Drugs Intellectual Property Litigation Jurisdiction Patent Infringement Patent Litigation Patents Personal Jurisdiction Pharmaceutical Industry Pharmaceutical Patents Prescription Drugs

Enovsys v. AT&T: Court Excludes Plaintiff's Damage Expert for Failure to Apportion and Sua Sponte Bifurcates Trial into Liability...

After the court struck plaintiff's damage expert's report for failing to tie damages to the limited feature of the patented invention, the court permitted the plaintiff to submit a supplemental expert report. Once the...more

8/26/2015 - AT&T AT&T Mobility Calculation of Damages Expert Witness Fair Market Value Patent Litigation Patents Royalties

Motion for Judgment on the Pleadings Based on Unpatentability Under Section 101 Denied Where Patents Were Not Directed to an...

Defendants Motorola Mobility, LLC,, Inc., Apple Inc., Huawei Technologies Co., Ltd., Huawei Device USA, Inc., HTC Corp., HTC America, Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and...more

8/24/2015 - Amazon Apple HTC America Judgment on the Pleadings Motion for Judgment Motorola Patent Litigation Patent-Eligible Subject Matter Patents Samsung Section 101

In-House Counsel Ordered to Sit for Additional Deposition After Emails Improperly Withheld on Basis of Privilege

Sprint Communications Company, L.P., filed a patent-infringement action against Comcast Cable Communications, LLC, Comcast IP Phone, LLC, and Comcast Phone of Kansas, LLC (collectively, "Comcast"). The district court had...more

8/21/2015 - Attorney-Client Privilege Comcast Depositions Email Patent Infringement Patent Litigation Patents Sprint Telecommunications

District Court Denies Stay Based on Inter Partes Review ("IPR") Where Less than 25% of Claims at Issue were Subject to IPR

Defendants HTC America, Inc., HTC Corporation, AT&T Mobility LLC, Cellco Partnership, Sprint Spectrum L.P., Kyocera Corporation, Boost Mobile, T-Mobile USA, Inc. and ZTE (USA), Inc. filed a motion to stay pending resolution...more

8/20/2015 - AT&T Mobility Discovery HTC HTC America Inter Partes Reexamination Inter Partes Review Proceedings Motion To Stay Patent Litigation Patents Sprint T-Mobile Telecommunications USPTO Wireless Industry

Smartflash v. Apple: District Court Stays Case Sua Sponte Based on Pending Covered Business Method ("CBM") Patent Review

The court had previously stayed a cased pending between Smartflash LLC and Amazon and simultaneously declined to stay an earlier-filed case between Smartflash LLC and Apple, Inc. because the stay request came after a jury...more

8/13/2015 - Amazon Apple Covered Business Method Patents Covered Business Method Proceedings Interlocutory Appeals Patent Litigation Patents Stays Sua Sponte

District Court Stays Case Pending Petition for Writ Certiorari to the United States Supreme Court

After the Federal Circuit remanded the case to the district court, the defendant filed a motion to stay the case pending the United States Supreme Court's review of the petition for writ of certiorari. As explained by the...more

8/3/2015 - Motion To Stay Patent Litigation Patents Petition for Writ of Certiorari SCOTUS

District Court Strikes "Shotgun Complaint" That Incorporated Allegations by Reference in Each Count

Lanard Toys Limited ("Lanard") filed a patent infringement action against Toys "R" US. Lanard subsequently filed a four-count Amended Complaint and Demand for Trial by Jury, both of which were filed in the United States...more

7/29/2015 - Amended Complaints Federal Rules of Civil Procedure Jury Trial Patent Infringement Patent Litigation Patents Pleadings Rule 11

Smartflash v. Apple: After $500M Verdict, District Court Grants New Trial on Damages Based on Improper Use of Entire Market Value...

After a jury returned a verdict against Apple, Apple filed a motion for judgment as a matter of law or a new trial. The district court subsequently notified the parties pursuant to Rule 59(d) that it was considering granting...more

7/27/2015 - Apple Calculation of Damages Fair Market Value IP License Jury Instructions Motion for Judgment Patent Litigation Patents Royalties

After Transfer, Case Is Stayed Pending IPR Even Though Only Three of Twenty-Two Claims Were at Issue in the IPR

Plaintiff ACQIS, LLC ("ACQIS") filed a patent infringement action in the Eastern District of Texas alleging that Defendant EMC Corporation ("EMC") had infringed claims in 11 patents owned by ACQIS. Specifically, ACQIS alleged...more

7/16/2015 - Claim Construction Inter Partes Review Proceedings Motion To Stay Order to Stay Patent Infringement Patent Litigation Patents

District Court Denies Motion to Amend Complaint to Add New Patents Even Though Patents Had Not Issued at Time of Original Filing...

Plaintiff West View Research ("West View") filed five separate patent infringement complaints on the same date against various automobile manufacturers. Each action asserted a combination of patents, all from the same patent...more

7/14/2015 - Auto Manufacturers Automotive Industry Case Consolidation Claim Construction Motion to Amend Patent Infringement Patent Litigation Patents

After Claim Construction, District Court Allows Opposing Experts to Testify to Different Definitions of "Using" At Trial and the...

The parties filed opposing motions against each side's expert witness over a dispute between the parties as to what the word "use" means. In its Markman order, the district court had construed the term "Internet Protocol...more

7/9/2015 - Cross Examination Jury Trial Markman Hearing Patent Litigation Patents Subject Matter Experts

District Court Orders Transfer of Case During Claim Construction Briefing: Did the Transfer Stay the Briefing Deadlines?

Defendants LG Electronics Inc. and LG Electronics U.S.A., Inc. (collectively, "LG") filed a motion to clarify the district court's order transferring the case to the district of New Jersey, seeking a ruling that the court's...more

7/6/2015 - Claim Construction LG Electronics Patent Litigation Patents Transfers

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