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Adrea v. Barnes & Noble: Court Holds That Adrea Is Precluded From Seeking Certain Past Damages for Failure to Mark

Adrea, LLC ("Adrea") filed a patent infringement action against Barnes & Noble, Inc., barnesandnoble.com llc, and Nook Media LLC (collectively, "B&N"), which alleged that B&N's e-reader Nook infringed U.S. Patent Nos....more

7/25/2014 - Barnes and Noble Patent Infringement Patent Litigation Patents

Permanent Injunction Granted After Jury Trial Where Plaintiff and Defendant Were Competitors and Plaintiff's Products that...

After a jury trial in which Power Integrations, Inc. ("Power") obtained a verdict of infringement and validity in its favor against Fairchild Semiconductor ("Fairchild"), Power moved for a permanent injunction. In analyzing...more

7/25/2014 - Injunctions Patent Infringement Patent Litigation Patents

Court Excludes Defense Damage Expert's Royalty Base Where Expert Based Royalty Base Solely on "Inventive Aspects" of Patent and...

ThinkOptics, Inc. ("ThinkOptics") filed a patent infringement action accusing several Defendants of infringing three patents: U.S. Patent Nos. 7,796,116; 7,852,317; and 7,864,159. As explained by the district court, "[t]he...more

7/16/2014 - Nintendo Patent Infringement Patent Litigation Patents

Apple v. Samsung: Court Denies Samsung's Request for Discovery Based on Apple's Alleged Disclosure of Confidential Information

In the ongoing patent battle between Samsung and Apple, Samsung, trying to turn the tables on Apple, filed a motion for sanctions based on Apple's disclosure of confidential information. The court had previously sanctioned...more

7/9/2014 - Apple Apple v Samsung Confidential Information Patent Infringement Patent Litigation Patents Samsung

After Entry of Judgment, District Court Orders Deposit of Amount of Judgment Plus 20% Interest for One Year in order to Obtain...

Innovention Toys, LLC prevailed in a patent infringement action against MGA Entertainment. After the Court entered a final judgment, the parties agreed that execution of the judgment should be pending resolution of...more

7/7/2014 - Entertainment Industry MGA Entertainment Patent Infringement Patent Litigation Patents

Court Strikes Errata Sheets to Depositions Where "Clarifications" Materially Altered Testimony

Plaintiffs Scott Clare, Neil Long, and Innovative Truck Storage, Inc. filed a patent infringement action against Defendant Chrysler Group, LLC, arguing that Defendant infringed their patent for hidden pick up truck bed...more

7/7/2014 - Patent Infringement Patent Litigation Patents Trucking Industry

Court Denies Motion to Compel Plaintiff's Expert Testimony Prior to Claim Construction

Plaintiff Glas-Weld Systems, Inc., filed a patent infringement and unfair competition action against defendants Michael P. Boyle, dba Surface Dynamix, and Christopher Boyle. Plaintiff moved for partial summary judgment and to...more

7/7/2014 - Claim Construction Expert Testimony Patent Infringement Patent Litigation Patents

Infringement Action Dismissed Due to Patent Co-Owner's Refusal to Join

In STC.UNM v. Intel Corp., Fed. Cir., No. 2013-1241 (June 6, 2014), The Federal Circuit found that the plaintiff patent owner did not have standing for its infringement claims because one of the four co-owners had not been...more

6/25/2014 - Infringement Patent Infringement Patent Litigation Patents

Supreme Court's Indefiniteness Ruling Has Immediate Impact at ITC

After a hearing in an Investigation occurred between February 24 and March 7, 2014 and with the parties having submitted their opening post-hearing briefs on March 21, 2014 and their reply post-hearing briefs on March 28,...more

6/25/2014 - Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

Golden Bridge v. Apple: No Third Bite at the Apple as Damage Expert Excluded After Two Failed Reports and Where Trial Was Already...

Two weeks earlier, the court excluded the expert opinion and testimony of Plaintiff Golden Bridge Technology's ("GBT") damages expert. Nonetheless, the court gave GBT one week to submit a new report based on a new theory....more

6/18/2014 - Apple Damages Expert Testimony Expert Witness Patent Infringement Patent Litigation Patents Standards-Essential Patents

Potential Inventor Declarations Excluded for Claim Construction Where Specific Inventors and Their Proposed Testimony Were Not...

In this patent infringement action, a dispute arose over whether the defendant B/E Aerospace could rely on declarations from one or more of the inventors of the asserted patent in support of its claim construction position....more

6/13/2014 - Claim Construction Inventors Patent Infringement Patent Litigation Patents

District Court in Delaware Denies Motions to Transfer Where Transfer Would Require Litigation in Multiple Districts

In these patent infringement actions, the defendants moved to transfer to three different district courts. As explained by the district court, "[t]here are currently six pending actions in the District of Delaware involving...more

6/12/2014 - Infringement Jurisdiction Patent Infringement Patent Litigation Patents Rules of Civil Procedure Transfers Venue

Supreme Court Changes the Rules for Induced Infringement

In the long-awaited decision in Limelight Networks, Inc. v. Akamai Techs., Inc., the Supreme Court once again reversed the Federal Circuit. This time, the Court's reversal involved the issue of indirect infringement....more

6/12/2014 - Akamai Technologies Induced Infringement Limelight Limelight Networks Patent Infringement Patent Litigation Patents SCOTUS

FlatWorld v. Apple: Motion to Vacate Claim Construction Denied Even after Parties Reach Settlement

After the district court issued a Markman ruling, the parties informed the court that they had reached an agreement in principle to settle the action. The plaintiff, FlatWorld, then moved to vacate the claim construction...more

6/12/2014 - Apple Claim Construction Motion to Vacate Patent Infringement Patent Litigation Patents Settlement

Invalidity Expert Excluded Where Expert Failed to Conduct a Proper Written Description Analysis

Plaintiff Trading Technologies International, Inc. ("TT") moved to strike the invalidity expert report of the defendant, CQG. TT made two arguments its motion: " that Dr. Mellor failed to conduct a proper written description...more

6/12/2014 - Evidence Exclusions Expert Testimony Expert Witness Patent Infringement Patent Litigation Patents

Supreme Court Sets Forth New Standard for Indefiniteness, Requiring Greater Precision in Claim Terms than the Standard Long Used...

For over a decade, to show that a claim term is invalid as indefinite under 35 U.S.C. §112, ¶2, the Federal Circuit has required that such terms be "not amenable to construction" or "insolubly ambiguous." The Supreme Court in...more

6/12/2014 - Definiteness Indefiniteness Induced Infringement Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

District Court Partially Denies Stay Motion Where CBM Review Did Not Encompass All Patents-in-Suit

Plaintiffs Versata Software, Inc. and Versata Development Group, Inc. (collectively, "Versata") filed a patent infringement action in July 2012 against defendant Callidus Software, Inc. ("Callidus") The patents were all...more

5/27/2014 - Covered Business Method Patents Patent Infringement Patent Litigation Patents Software

Motion to Withdraw as Counsel of Record Denied Because It Was Filed on the Eve of Trial

In this patent infringement action between Golden Bridge Technology, Inc. ("Golden Bridge or GBT") against Apple, Golden Bridge's counsel moved to withdraw as counsel of record because Golden Bridge had failed to pay the...more

5/27/2014 - Corporate Counsel Patent Litigation Patents Withdrawal

Court Rules That Crime-Fraud Exception Trumps Attorney-Client Privilege Where Patent Holder Made Series of False Representations...

HTC Corporation and HTC America, Inc. ("HTC") moved for a finding that this patent infringement action is "exceptional" under the Patent Act's fee-shifting provision which authorizes the award of attorney fees and costs to...more

5/21/2014 - Attorney-Client Privilege Corporate Counsel Crime-Fraud Exception Fee-Shifting Statutes HTC Patent Litigation Patents

Plaintiff Precluded from Using Deposition Testimony of Defense Expert Where Plaintiff Procured the Absence of the Expert

Novartis sought to use the deposition testimony of defendant's expert at trial under Fed.R.Civ.P. 32(a)(4)(B). As explained by the district court, "the Rule provides that a party may use the deposition of a witness for any...more

5/12/2014 - Depositions Expert Testimony Expert Witness Litigation Strategies Novartis Patent Litigation Patents Pharmaceutical Trials

Versata v. SAP: Stay of $390 Million Judgment Denied Even Though PTAB Found Patent Invalid

After the jury returned a verdict of approximately $390 million against SAP and the verdict was affirmed on appeal, the Patent Trial and Appeal Board ("PTAB") preliminarily invalidated the patent (subject to appeal to the...more

5/7/2014 - America Invents Act Jury Awards Motion To Stay Patent Litigation Patent Trial and Appeal Board Patents SAP America Inc.

Motion to Redact Transcripts in Patent Case Denied Where Information Was Disclosed in Open Court

In this patent infringement action, both parties moved to redact information from the transcripts and both motions were unopposed. The district court found that the information should be redacted because it had been disclosed...more

5/6/2014 - Patent Infringement Patent Litigation Patents Redaction

Andrulis v. Celgene: District Court Dismisses Undivided Direct Infringement Claim But Permits Joint Direct Infringement Claim to...

Plaintiff Andrulis Pharmaceuticals Corp. ("Andrulis") filed a patent infringement action against Celgene Corporation ("Celgene") alleging direct, induced, and contributory infringement. Celgene filed a motion to dismiss...more

4/29/2014 - Patent Infringement Patent Litigation Patents Pharmaceutical Pharmaceutical Patents

Motion to Dismiss Granted Where Patent Infringement Complaint Alleged Joint Infringement But Failed to Allege Direction and...

Plaintiff Nu Flow Technologies (2000) Inc. ("Nu Flow) filed a patent infringement action against Defendant A.O. Reed & Company ("A.O. Reed") and ten Doe defendants based on two patents U.S. Patent No. 7,849,883 B2 (the '883...more

4/24/2014 - Joint Infringement Motion to Dismiss Patent Infringement Patent Litigation

Declaratory Judgment Action Dismissed for Lack of Personal Jurisdiction Where Contacts in Jurisdiction Occurred Before, and Were...

Digital Ally, Inc. ("Digital Ally") filed a declaratory judgment action pertaining to patent infringement against Utility Associates, Inc. ("Utility"). Utility filed a motion to dismiss for lack of subject matter and personal...more

4/23/2014 - Declaratory Judgments Motion to Dismiss Patent Infringement Patent Litigation Patent-in-Suit Personal Jurisdiction

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