Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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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

District Court Holds Plaintiff and Plaintiff's Attorneys Jointly and Severally Liable for Attorney's Fees and Costs After Finding...

After trial, HTC Corporation and HTC America, Inc. ("HTC") filed a motion seeking to recover attorney fees and costs from plaintiff's attorneys as well as from plaintiff Intellect Wireless, Inc. ("IW"). IW withdrew its...more

1/29/2015 - Attorney's Fees Exceptional Case False Statements HTC America Joint and Several Liability Patent Litigation Patents Young Lawyers

Court Orders Production of Work Product Documents under Crime-Fraud Exception to Attorney-Client Privilege Where Defendants Had...

In an earlier filed decision, the district court had previously found that Escort and its defense counsel had knowingly misled the plaintiff, Fleming, which warranted a sanction of attorney fees. As explained by the district...more

1/27/2015 - Attorney-Client Privilege Crime-Fraud Exception Disclosure Discovery Document Productions Patent Infringement Patent Litigation Patents Source Code Work Product Privilege

Court Denies Motion for Extended Deposition Despite over 300 Objections During Deposition Where Defendant Failed to Raise Issue...

In this patent infringement action, the Defendants requested that the court order a further Rule 30(b)(6) deposition of one of the deponents, Mr. Pang. In the motion, Defendants argued that Plaintiff's counsel objected more...more

1/21/2015 - Depositions Objection Procedures Patent Infringement Patent Litigation Patents

District Court Sanctions Defendants for Failing to Agree to Standard Protective Order

In this patent infringement action, the plaintiff filed a motion for entry of a standard protective order after the defendant would not agree to sign a stipulated protective order. As explained by the district court, the...more

1/19/2015 - Patent Infringement Patent Litigation Patents Protective Orders

Smartflash v. Apple: District Court Excludes Damage Theory Based on Survey Responses That Were Insufficient to Show That the...

Plaintiffs Smartflash LLC and Smartflash Technologies Limited (collectively "Smartflash") filed patent infringement actions against Apple, Inc. ("Apple"), Samsung Electronics Co., Ltd., Samsung Electronics America, Inc.,...more

1/12/2015 - Apple HTC Patent Infringement Patent Litigation Patents Samsung Smartflash

District Court Declines to Hear Early Motion for Summary Judgment on Section 101 and Postpones Hearing until Claim Construction

In the pending patent infringement action between Netflix and Rovi, Netflix filed a motion for summary judgment, seeking a ruling that Rovi's patents are invalid under 35 U.S.C. § 101. After the motion was filed, the district...more

1/7/2015 - Claim Construction Motion for Summary Judgment Netflix Patent Infringement Patent Litigation Patents Section 101

Plaintiff Loses Motion for Summary Judgment after District Court Concludes that Dispute over Person of Ordinary Skill in the Art...

The plaintiff, MyMedicalRecords ("MMR"), owns U.S. Patent No. 8,498,883 (the '883 Patent) entitled "Method for Providing a User with a Service for Accessing and Collecting Prescriptions." MMR asserted claims 1-3 of the '883...more

1/5/2015 - Claim Construction Patent Litigation Patents WebMD

Motion for Rule 11 Sanctions Denied After Plaintiff Granted Defendants Covenant Not to Sue Where Plaintiff Attempted to Make an...

Phoenix Modular Elevator, Inc. ("Phoenix") filed a complaint for patent infringement against T.L. Shield & Associates, Inc. ("Shield") and Modular Elevator Manufacturing, Inc. ("MEM"). The patent at issue, United States...more

12/31/2014 - Covenant Not to Sue Patent Infringement Patent Litigation Patents Rule 11 Sanctions

Plaintiffs' Motion for Protective Order Denied But Cautions Defendant That Sanctions Will Be Awarded If Defendant Fails to...

In this patent infringement action, Plaintiffs' filed a motion for a standard protective order to prevent the defendant from sharing confidential information. The district court denied the motion because the motion was not in...more

12/30/2014 - Confidential Information Patent Infringement Patent Litigation Patents Protective Orders

Daubert Motion Denied Where Defendant Had "Salubrious Fodder" for Cross-Examination If Plaintiff's Expert Used Wrong Source Code

Defendant Adobe Systems ("Adobe") filed a Daubert motion seeking to limit the testimony of plaintiff EveryScapes' expert, Dr. Maja Bystrom ("Dr. Bystrom"), for three reasons. First, Adobe sought to exclude the...more

12/30/2014 - Adobe Daubert Standards Expert Testimony Patent Infringement Patent Litigation Patents

Court Chastises Both Parties for Contentious and Unprofessional Behavior and Warns That Further "Offending Conduct" Will Lead to a...

After a discovery dispute erupted in this patent infringement action, the court held a telephonic hearing on defendants' motion to compel discovery and for sanctions and plaintiff's cross-motion for a protective order....more

12/30/2014 - Cross Motions Depositions Discovery Motion to Compel Patent Infringement Patent Litigation Patents Protective Orders

Oral Assignment Ineffective to Convey Patent Rights and Subsequent Assignment too Late to Save Complaint from Dismissal with...

The plaintiff, Freed Designs, Inc. ("Freed Designs"), filed a patent infringement action defendant Sig Sauer. Robert Freed is the sole inventor of the '764 Patent, titled "Grip Extender For Hand Gun." Freed is also the sole...more

12/30/2014 - IP Assignment Agreements Nunc Pro Tunc Patent Infringement Patent Litigation Patents Standing

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