Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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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

District Court Grants Motion to Dismiss for Lack of Standing on the Eve of Trial

Plaintiff Labyrinth Optical Technologies LLC ("Labyrinth") filed a patent infringement action against Defendant Alcatel-Lucent USA, Inc. ("Lucent"), alleging that Lucent infringes U.S. Patent No. 8,103,173 (the "'173...more

4/7/2015 - Dismissals Patent Infringement Patent Litigation Patents

District Court Denies Unopposed Request to Seal Exhibits Where Only Justification for Sealing Was That Parties Designated the...

Defendant Ericsson filed an unopposed motion for leave to file its motion to strike certain paragraphs of a supplemental expert report for the plaintiff under seal. Although the request was unopposed, the district court...more

4/2/2015 - Confidential Information Ericsson Patent Litigation Patents Protective Orders Supplemental Information

Expert Is Not Permitted to Testify to Alternate Hypothetical Negotiation Dates Where No Hypothetical Negotiation Was Conducted for...

After the parties submitted expert reports in this patent infringement action, Ford objected to Eagle Harbor's damage expert's expected testimony and demonstratives. Ford objected to Eagle Harbor's evidence because it...more

3/31/2015 - Evidence Expert Testimony Patent Litigation Patent Royalties Patents Royalties

District Court Denies Motion to Stay Pending Ex Parte Reexamination Where Defendant Was Competitor of Plaintiff and Chose Ex Parte...

Plaintiff Ecolab Inc. ("Ecolab") filed a patent infringement action alleging that Gurtler infringed Ecolab's patent for "SANITIZING LAUNDRY SOUR," United States Patent No. 6,262,013 (the "'013 Patent"). Gurtler subsequently...more

3/25/2015 - Ex Partes Reexamination Patent Infringement Patent Litigation Patents

District Court Denies Motion to Stay Pending Ex parte Reexamination Where Defendant Was Competitor of Plaintiff and Chose Ex Parte...

Plaintiff Ecolab Inc. ("Ecolab") filed a patent infringement action alleging that Gurtler infringed Ecolab's patent for "SANITIZING LAUNDRY SOUR," United States Patent No. 6,262,013 (the "'013 Patent"). Gurtler subsequently...more

3/19/2015 - Ex Partes Reexamination Patent Infringement Patent Litigation Patents

District Court Declines to Stay Proceeding Pending Inter Partes Review Where Plaintiff and Defendant Were Direct Competitors

Card-Monroe Corp. ("CMC") manufactures tufting machines and equipment. CMC holds several patents that pertain to its machines and equipment. Tuftco Corp. ("Tuftco") is a competitor of CMC, which also engages in the...more

3/12/2015 - Inter Partes Review Proceedings Manufacturers Motion To Stay Patent Litigation Patents

Even after Jury Trial and Final Judgment in Favor of Patent Owner, Collateral Estoppel of Invalidity from a Subsequent, Other...

The plaintiff, U.S. Ethernet Innovations, LLC ("USEI"), filed a patent infringement action against several defendants in the Eastern District of Texas. The district court then transferred the cases to the Northern District of...more

3/10/2015 - Collateral Estoppel Final Judgment Jury Trial Patent Infringement Patent Litigation Patents Texas Instruments

Three Strike and You are Out: District Court Grants Summary Judgment on Lack of Standing, No Infringement and Invalidates the...

Plaintiff NOV filed a patent infringement action asserting that defendant Omron had infringed NOV's patent (U.S. Patent No. 5,474,142 or the '142 Patent). Specifically, NOV alleged Omron's oil rig automation control system...more

3/5/2015 - Oil & Gas Patent Infringement Patent Litigation Patents Standing

District Court Denies Motion in Limine Seeking to Preclude Advice of Counsel Defense Even Though Plaintiff Was not Able to Obtain...

The Plaintiff filed a motion in limine seeking the district court to preclude the Defendant from offering at trial any testimony regarding the Defendant's opinion of counsel defense that was not disclosed during discovery. As...more

3/4/2015 - Document Productions Motions in Limine Patent Infringement Patent Litigation Patents Testimony Trade Secrets

District Court Denies Motion to Lift Stay Pending Inter Partes Review Even Where Plaintiff Agreed to Not Pursue Claims That Were...

Barco filed a patent infringement action in September 2011 against Defendants Eizo Nanao Corporation and Eizo Nanao Technologies, Inc. ("Eizo"), alleging that Eizo infringed various claims in U.S. Patent No. 7,639,849 (the...more

2/27/2015 - Intellectual Property Litigation Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents USPTO

Rosebud v. Adobe: District Court Grants Summary Judgment of No Remedies Where Plaintiff Could Not Prove Actual Notice of Patent...

Rosebud filed a patent infringement action Adobe and Adobe moved for summary judgment arguing that Rosebud had no remedy for its patent against Adobe. Adobe based its summary judgment motion on the argument that the...more

2/24/2015 - Adobe Intellectual Property Litigation Patent Infringement Patent Litigation Patents Summary Judgment

Court Continues Stay Pending Inter Partes Review Even Though PTO Declined to Institute Review on Patent

The district court had previously stayed the patent infringement action between Nidec Motor Corporation and Broad Ocean Motor pending the PTO's decision on whether to institute an inter partes review on three of the...more

2/16/2015 - Auto Manufacturers Automotive Industry Intellectual Property Litigation Inter Partes Review Proceedings Patent Litigation Patents PTO Stays

Intellectual Ventures v. Symantec: Court Bifurcates and Stays Symantec's Patent Misuse Defense

Intellectual Ventures ("IV") filed a motion to bifurcate and stay discovery of Symantec's patent misuse defense. The district court agreed with Intellectual Ventures. "While the Court views IV's motion as essentially two...more

2/11/2015 - Antitrust Litigation Apotex Bifurcation Patent Litigation Patents Symantec

Open Text v. Box: District Court Holds That Box Can Present Damages in the Form of a Fully Paid-Up Lump Sum Payment Even Though...

As the Open Text v. Box patent case gets closer to trial, Open Text sought to preclude Box from asking the jury to award damages in the form of a fully paid-up lump sum that would cover the life of the patents-in-suit. Open...more

2/9/2015 - Jury Awards Open Text v Box Patent Litigation Patent-in-Suit Patents Royalties

Blue Spike v. Adobe: Court Grants Motion to Strike Infringement Contentions Where Contentions Failed to Crystalize Theory of the...

In this patent infringement action between defendant Adobe Systems, Inc. ("Adobe") and plaintiff Blue Spike, LLC ("Blue Spike"), Adobe filed a motion to strike the infringement contentions ("ICs") filed by Blue Spike....more

2/5/2015 - Adobe Patent Infringement Patent Litigation Patents

District Court Denies Motion to Exclude Defendants' Experts from Claim Construction But Orders the Defendants to Supplement Their...

In this patent infringement action, the plaintiff filed a motion to exclude the defendants' claim construction experts. The plaintiff's motion was based on the argument that the defendants' disclosures did not comply with...more

2/2/2015 - Claim Construction Expert Testimony Patent Litigation Patents

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