Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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District Court Stays Case Pending Inter Partes Review After Non-Petitioning Defendant Agrees to be Bound by Estoppel Provisions

In a previous order, the district court granted a motion to stay pending Inter Partes Review ("IPR") but deferred ruling on the Motion to Stay with respect to EMC Corporation "until EMC Corporation has filed a Notice with the...more

2/21/2017 - Estoppel Inter Partes Review (IPR) Proceeding Patent Litigation Stays

District Court in the Eastern District of Texas Orders Retention and Production of Participants in Jury Research

In keeping with the standing order issued by Judge Gilstrap for jury trials that strongly discouraged jury research in the Eastern District of Texas, Magistrate Judge Love recently issued a similar order for patent case...more

1/31/2017 - Jury Selection Patent Litigation

District Court Denies Motion to Withdraw Deemed Admissions

The plaintiff filed an ex parte application to be relieved of admissions that were deemed admitted for failure to respond. In analyzing the ex parte application, the district court first concluded that the plaintiff had...more

1/17/2017 - Failure To Respond Motion to Withdraw Patent Litigation

District Court Grants Motion to Compel Responses to Interrogatories Even Though Interrogatories Contained Discrete Subpart Where...

Plaintiff Synopsys, Inc. ("Synopsys") filed a motion to compel defendant, ATopTech, to respond to interrogatories. ATopTech opposed the motion by arguing that it had already answered Synopsys's Set One, Interrogatory Nos....more

12/6/2016 - Interrogatories Motion to Compel Patent Litigation

District Court Orders Additional Deposition of Defendant after Witness Changed Numerous Deposition Answers in Errata

The plaintiff, Chrimar Systems Inc. and Chrimar ("Chrimar") filed a motion to compel an additional deposition of Defendant D-Link Systems, Inc.'s ("D-Link") corporate representative, William C. Brown. Chrimar previously took...more

11/30/2016 - Corporate Officers Depositions Federal Rules of Civil Procedure Motion to Compel Patent Litigation

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

11/28/2016 - Motion for Summary Judgment Patent Infringement Patent Litigation Pretrial Motions

District Court Orders Additional Claim Construction Briefing After Plaintiff Appeared to Argue a Different Position in Other...

After the district court conducted a claim construction hearing (but before it issued an order), the district court stayed the litigation between Finjan and Symantec pending a decision by the PTAB regarding whether to...more

11/25/2016 - Claim Construction Intellectual Property Litigation Inter Partes Review (IPR) Proceeding Patent Litigation Patent Trial and Appeal Board Patents Popular Symantec

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

11/22/2016 - Enhanced Damages Patent Infringement Patent Litigation Patents Willful Infringement

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

11/3/2016 - Doctrine of Equivalents Indirect Infringement Motion To Strike Patent Infringement Patent Litigation

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

10/21/2016 - Patent Infringement Patent Litigation Preliminary Injunctions

Oracle v. Google: Violation of Protective Order to Disclose Confidential Information in Open Court

In this long standing litigation between Oracle and Google, a dispute arose over the protective order and whether the disclosure of certain information violated the terms of the protective order when it was disclosed in open...more

10/11/2016 - Oracle v Google Patent Litigation

District Court Holds that Document Retention and Destruction Policies Are Privileged under Court's Default Discovery Standard

In this patent infringement action, the plaintiff sought production of the defendant's document retention and document destruction policies. The defendant asserted that the request sought information protected by work product...more

10/6/2016 - Attorney-Client Privilege Discovery Document Destruction Document Retention Policies Patent Litigation

Boston University v. Everlight: District Court Grants Immediate Appeal Over Whether Lump-Sum Royalty Award Can Be Converted to...

After a jury awarded the Trustees of Boston University ("BU") a $9.3 million dollar one-time lump-sum payment from Epistar and a $4 million dollar one-time lump-sum payment from Everlight, the district court denied the...more

8/25/2016 - Lump Sum Offers Motion for Reconsideration Patent Litigation Royalties

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 Denies Motion to Lift Stay Even after Federal Circuit Affirms PTAB's Decision Upholding Claims of Patent-in-Suit...

The district court had previously granted a stay pending an inter partes reexamination by the United States Patent and Trademark Office ("PTO") of U.S. Patent No. 6,797,454 (the "'454 patent"). After the PTO affirmed the...more

8/2/2016 - Inter Partes Reexamination Patent Litigation Petition for Writ of Certiorari Stays

After Defendant Seeks to Claw Back Attorney-Client Privileged Documents, District Court Determines Privileged Waived (Including...

The defendants produced documents in response to plaintiffs' first set of requests for production and included in the production were five documents that the defendants were later claim were subject to attorney-client...more

7/28/2016 - Attorney-Client Privilege Clawbacks Depositions Discovery Federal Rules of Evidence Patent Litigation Privilege Waivers Rule 502 Work Product Privilege

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

Recent Decision in Halo Requires Reconsideration of Summary Judgment Motion on Willfulness

In a multi-district litigation, the district court had previously granted summary judgment in favor of the defendants on the issue of willful infringement. After the Supreme Court's decision in Halo Electronics, Inc. v. Pulse...more

7/19/2016 - Additional Discovery Enhanced Damages Halo v Pulse Motion for Reconsideration Multidistrict Litigation Patent Litigation Summary Judgment Vacated Willful Infringement

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 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 Denies Agreed Upon Consent Judgment and Permanent Injunction Where Parties Failed to Submit Consent and Injunction...

After the parties settled the lawsuit, the district court dismissed the case without prejudice, subject to the right of any party to re-open the action within sixty days, upon good cause shown, or to submit a stipulated form...more

6/29/2016 - Motion to Dismiss Patent Litigation Permanent Injunctions Settlement Agreements Subject Matter Jurisdiction

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 (IPR) Proceeding Jury Trial Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Rule 54(b)

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