Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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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, Amazon.com, 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

Court Denies "Emergency" Motion to Lift Temporary Stay Noting That Plaintiff "Is Palpably Irritated," But "That's Not Going to Cut...

In this patent infringement action, Meyer Products LLC ("Meyer Products" or "defendant") filed a motion to stay the case pending an inter partes review. After the motion was filed, the court set a briefing schedule. As part...more

7/3/2015 - Inter Partes Review Proceedings Motion To Stay Patent Infringement Patent Litigation Patents

Case Dismissed After Claims Upon Which Lawsuit Was Initiated Were Cancelled During Re-Examination

Defendant Extended Disc North America, Inc. ("EDNA") filed a motion for summary judgment of non-infringement and invalidity, and, alternatively, a motion to dismiss against plaintiff Target Training International, Ltd.'s...more

6/23/2015 - Ex Partes Reexamination Motion for Summary Judgment Motion to Dismiss Motion To Stay Noninfringement Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patent-in-Suit Patents USPTO

Claw Back of Privileged Documents Fails Where Defendants Had Used the Documents in Depositions, Expert Reports and in Briefs...

Defendants filed a motion to compel Adaptix to re-produce documents that Adaptix had clawed back on the grounds of privilege. Adaptix had early produced the documents in several productions. The Defendants argued in the...more

6/15/2015 - Attorney-Client Privilege Clawbacks Depositions Discovery Motion to Compel Patent Infringement Patent Litigation Patents Privilege Waivers Work Product Privilege Work-Product Doctrine

Farstone v. Apple: With "far too many disputes," Court orders face-to-face meet and confer to resolve motion to compel

Apple filed a motion to compel discovery from Farstone Technology, Inc. ("Farstone") by way of a Joint Stipulation as required by the court's local rules. After the court reviewed the joint stipulation, it found that there...more

6/4/2015 - Apple Local Rules Meet and Confer Motion to Compel Patent Infringement Patent Litigation Patents

District Court Orders Submission of Expert Reports on Damages to Determine Proper Usage of Entire Market Value Rule

Invista North America S.A. R.L. ("Invistia") filed a patent infringement action against M&G USA Corporation ("M&G"). As the case progressed toward trial, both parties exchanged expert reports on damages, which implicated the...more

5/26/2015 - Expert Testimony Patent Infringement Patent Litigation Patents Valuation Experts

Motion for Judgment on the Pleadings Based on Section 101 Denied Where Defendant Failed to Include Challenge in Invalidity...

In this patent infringement action between Plaintiffs Good Technology Corporation and Good Technology Software, Inc. ("Good) and Defendant MobileIron, Inc. ("MobileIron"). Two months before the trial, MobileIron moved to...more

5/21/2015 - Abstract Ideas Judgment on the Pleadings Motion for Judgment Patent Litigation Patents Section 101

District Court Denies Motion to Compel and for Sanctions Where CFO Could Not Be Compelled to Testify on Broad Deposition Topics...

Plaintiff Stoneeagle Services, Inc. ("Stoneeagle") filed a motion seeking sanctions against Defendant Premier Healthcare Exchange, Inc. ("PHX") for failing to provide a prepared corporate representative to testify pursuant to...more

5/20/2015 - Depositions Federal Rules of Civil Procedure Patent Litigation Patents

Another One Bites the Dust: Action Dismissed for Lack of Standing Where Plaintiff Could Not Prove Ownership of the Patent-In-Suit

America's Collectibles Network ("ACN") filed a patent infringement action in which it claimed to own U.S. Patent No. 8,370,211 (the "211 Patent"). It brought this action against the Genuine Gemstone Company ("Genuine...more

5/15/2015 - Motion to Dismiss Patent Infringement Patent Litigation Patents Standing

Fairchild v. Power Integrations: Because of Right to Appeal, District Court Precludes Reference to Pending Reexamination...

Fairchild Semiconductor Corp. and Fairchild (Taiwan) Corp.'s (collectively, "Fairchild") moved in limine to preclude any reference to any pending reexamination proceeding or any completed reexamination proceeding of any...more

5/13/2015 - Appeals Induced Infringement Motions in Limine Patent Litigation Patents USPTO Willful Infringement

District Court Excludes Prior Art References in Expert Report That Were Not Included in Invalidity Contentions

After the district court adopted a specialized scheduling order that was based on local patent rules in other districts, the plaintiffs served detailed infringement contentions and the defendant served detailed invalidity...more

5/5/2015 - Expert Witness Federal Rules of Civil Procedure Local Rules Patent Infringement Patent Litigation Patents

District Court Dismisses Action after Patent Is Transferred to President of Company

After Plaintiff Pi-Net International, Inc. ("Pi-Net") brought suit against Defendants Focus Business Bank and Bridge Bank, N.A. for patent infringement, the Patent and Trademark Office initiated an Inter Partes Review ("IPR")...more

4/20/2015 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent-in-Suit Patents Standing Stays Transfer of Assets

District Court Denies Motion for Leave to Amend Answer to Assert Affirmative Defense of Patent Misuse

The defendants in this patent infringement action filed several motions for leave to amend their answers to include various affirmative defenses, including: (1) the affirmative defense of patent misuse; (2) the affirmative...more

4/16/2015 - Affirmative Defenses Counterclaims Motion to Amend Patent Infringement Patent Litigation Patents

District Court Denies Motion for Leave to File Summary Judgment as Premature Prior to Claim Construction

Rec Software USA, Inc. ("Rec") filed a patent infringement action against HTC America, Inc. ("HTC"). HTC requested leave to file a motion for summary judgment based on 35 U.S.C. §101. The request for leave to file the summary...more

4/13/2015 - Claim Construction HTC America Motion for Summary Judgment Patent Infringement Patent Litigation Patents

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