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Motion to Reconsider Claim Construction Order on Indefiniteness after Nautilus Denied Where District Court Found Term Definite

Defendant Stealth Cam, LLC ("Stealth Cam") requested that the district court reconsider its Claim Construction Order holding that the term "extending parallel" was not indefinite. The district court first noted that...more

11/24/2014 - Claim Construction Indefiniteness Motion To Reconsider Nautilus Inc. v. Biosig Instruments Patent Litigation Patents

Defendant Ordered to Provide Access to Licensee Websites

BNB Health Grades, Inc. ("Health Grades") filed a patent infringement action against MDx Medical, Inc., d/b/a Vitals.com ("MDx"). During the litigation, Health Grades identified licensing agreements and associated systems...more

11/19/2014 - Discovery License Agreements Patent Infringement Patent Litigation Patents Websites

Production of Billing Statements from Law Firm Denied Even Though Deponent Could Not Recall Details of Why Information Was Not...

The defendants in this patent infringement action sought the production of certain billing statements of the law firm representing CleanTech. The defendants argued that the billing statements were discoverable based on their...more

11/17/2014 - Billing Depositions Discovery Patent Infringement Patent Litigation Patents

District Court Precludes Deposition of In-House Counsel Who Acted as Part of Trial Team Even Though Counsel Had Relevant,...

After plaintiff, McAirlaids, requested the deposition of one of Kimberly-Clark's ("K-C") in-house litigation counsel, K-C filed a motion for a protective order pursuant to Fed. R. Civ. P. 26(c) to preclude the deposition of...more

11/12/2014 - Attorney-Client Privilege Corporate Counsel Depositions Federal Rules of Civil Procedure Indemnification Kimberly-Clark Patent Infringement Patent Litigation Patents Work Product Privilege

District Court Denies Motion to File Amended Complaint to Add Direct Infringement Claim

Plaintiff Kaneka Corporation ("Plaintiff") filed a patent infringement against SKC Kolon PI, Inc. ("SKPI" or "Defendant") and SKC, Inc. ("SKC America"). After the district court issued a scheduling order setting, among other...more

11/10/2014 - Amended Complaints Cross-Complaints Direct Infringement Leave to Amend Patent Infringement Patent Litigation Patents

District Court Denies Daubert Motion Based on VirnetX as Exceeding the District Court's Role as Gatekeeper

In this patent infringement action, Adobe filed a Daubert motion seeking to exclude the plaintiff's damage expert largely based on VirnetX, Inc. v. Cisco Sys., Inc., 2014 WL 4548722 (Fed. Cir. Sept. 16, 2014). As explained by...more

11/4/2014 - Adobe Daubert Hearing Patent Infringement Patent Litigation Patents

District Court Precludes Admission of Inter Partes Review Proceedings in Front of Jury But Permits Consideration as part of...

In this patent infringement action between Ultratec, Inc. ("Ultratec") and Sorenson Communications, Inc. ("Sorenson"), Sorenson sought to admit evidence of an inter partes review proceeding of the patent-in-suit. Sorenson...more

10/29/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents Willful Infringement

Fujitsu v. Tellabs: Fujitsu Appeal's Decision on Motion to Compel and, After It Loses on Appeal, District Court Orders a Civil...

In this patent infringement action, the district court granted a motion to compel filed by Tellabs against Fujitsu. Fujitsu then filed a petition for a writ of mandamus with the Federal Circuit to overturn the decision of the...more

10/22/2014 - Civil Monetary Penalty Motion to Compel Patent Infringement Patent Litigation Patents Writ of Mandamus

Inducing Infringement Claim Dismissed on Sua Sponte Order Where Alleged Infringer Did Not Perform All Method Steps and Did Not...

In this patent infringement action, the district court issued a sua sponte order requiring plaintiff to show why its inducing infringement claims should not be dismissed as a matter of law. After addressing the United States...more

10/20/2014 - Induced Infringement Patent Infringement Patent Litigation Patents Sua Sponte

Motion to Strike Expert Testimony Denied Even Though Expert Had Never Used Product and Examined Only Selected Pieces of Source...

In this patent infringement action, the defendant moved to exclude portions of the plaintiff's (Dr. Bambos') expert testimony. Defendant argued that Dr. Bambos lacks familiarity with the infringing products, relied too...more

10/15/2014 - Expert Testimony Expert Witness Motion To Strike Patent Litigation Patents

Court Denies Motion to Compel Deposition Testimony on Overly Broad 30(b)(6) Topics and on "Contention" Topics

In this patent infringement action brought by Trustees of Boston University ("BU"), BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which centers on light emitting diodes ("LEDs") and the...more

10/13/2014 - Depositions Federal Rules of Civil Procedure Patent Litigation Patents

Laches Defense Denied Where Texas Instruments Failed to Produce Products that Demonstrated Notice During Discovery and Texas...

At the end of trial, the Defendant, Texas Instruments Incorporated's ("TI"), pursued its equitable defense of laches, the only remaining issue left in this patent infringement case. The district court conduced an evidentiary...more

10/8/2014 - Laches Patent Infringement Patent Litigation Patents Texas Instruments

District Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Did Not Provide Evidence That It Owned the Patent at...

Juno Lighting, LLC ("Juno") filed a complaint against Nora Lighting, Inc. ("Nora") on February 11, 2013. The complaint alleged that Nora infringed Juno's patent, No. 5,505,419 ("'419 Patent"), entitled Bar Hanger for a...more

10/6/2014 - Patent Infringement Patent Litigation Patents Standing

Court Denies Declaratory Judgment Defendant's Request to Re-Align Parties as Realignment Would Frustrate the Purpose of the...

Plaintiffs filed the declaratory judgment complaint in this patent case after receiving a letter from defendants alleging that Plaintiffs' products infringe two of defendants' patents. Plaintiffs sough declaratory judgment...more

9/30/2014 - Counterclaims Declaratory Judgments Patent Infringement Patent Litigation Patents

Patent Infringement Complaint Dismissed for Lack of Standing Where Co-Inventor Had Not Assigned Rights to Plaintiff

Plaintiffs Alpha One Transporter, Inc. and American Heavy Moving and Rigging, Inc. (collectively "Alpha One") filed a complaint against Defendant and Third-Party Plaintiff Perkins Motor Transport, Inc. ("Perkins"). Perkins...more

9/30/2014 - Assignment of Inventions Inventors Patent Litigation Patent-in-Suit Patents Standing Trucking Industry

Court Rejects Exhibit Lists and Objections That Would "Require a Judge to Shovel Through Steaming Mounds of Objections" and Orders...

As this patent infringement action headed to trial, the district court scolded both parties for their exhibit lists and, in particular, the objections to the exhibit lists. The district court explained that "Affinity has...more

9/29/2014 - Automotive Industry Discovery Ford Motor Patent Infringement Patent Litigation Patents

Motion to Dismiss Granted Where Patent Claimed Unpatentable Subject Matter

Amazon.com ("Amazon") filed a motion to dismiss Tuxis Technologies, LLC's ("Tuxis") complaint for failure to state a claim. Tuxis alleged infringement of the 6,055,513 ("the '513 patent") against Amazon. As explained by the...more

9/29/2014 - Motion to Dismiss Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents

Motion for Summary Judgment Based on Apple License as Defense Denied Where Apple Products Were Not Used to Satisfy Any Claim...

In this patent infringement action between Personal Audio ("Personal Audio") and Togi Entertainment, Inc. ("Togi"), the defendants filed a motion for summary judgment based on a license defense. They requested summary...more

9/29/2014 - Apple Patent Infringement Patent Litigation Patents Summary Judgment

In an IPR Proceeding With Several Listed Petitioners, The Petitioners Must Speak With A Single Voice

In IPR2014-00954, the Patent Trial and Appeals Board ("PTAB") (A.P.J.s Petravick, Deshpande, and Clements) issued a decision regarding the proper identification of lead and backup counsel listed in the powers of attorneys in...more

9/18/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents

UGG: Default Judgment and Treble Damages Entered Against Defendant Where Defendant Failed to Participate in Discovery

Plaintiff Deckers Outdoor Corporation ("Plaintiff") alleged that Defendants Superstar International, Inc. and Sai Liu ("Defendants") produce, advertise, and sell products that infringe Plaintiff's design patents for UGG...more

9/18/2014 - Default Judgment Discovery Patent Infringement Patent Litigation Patents Treble Damages

Apple v. Samsung: Samsung's Invalidity Challenge to Apple's Patents Denied Where Legal Theory Was Not Disclosed until after Trial

After the jury trial between Apple and Samsung, and shortly before the July 10, 2014 hearing on post-trial motions, Samsung requested leave to file supplemental briefing to argue that the asserted claims of two of Apple's...more

9/18/2014 - Apple Apple v Samsung Patent Infringement Patent Litigation Patents Samsung Standards-Essential Patents

Sanctions Awarded for "Train Wreck of a Deposition" Where Witness Was Evasive and Counsel Made Inappropriate Objections

In this patent infringement action between MAG Aerospace Industries, Inc. ("MAG") and B/E Aerospace, Inc. ("B/E"), MAG filed an ex parte motion as a result of conduct during a deposition. The court began its analysis of the...more

9/18/2014 - Depositions Patent Infringement Patent Litigation Patents Sanctions

Prior Denial of IPR Petitions Dooms Litigation Stay Based On "Second Round" of Petitions Under the Totality of the Circumstances...

In CTP Innovations, LLC v. Solo Printing, Case No. 1:14-cv-21499-UU, the Court denied, without prejudice, Defendant's motion to stay the litigation pending the inter partes review of the two patents-in-suit....more

9/18/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents Totality of Circumstances Test

District Court Grants Motion to Reconsider Summary Judgment Motion after Supreme Court's Decision in Limelight v. Akamai

In this patent infringement action, FedEx moved for reconsideration after the district court had denied its motion for summary judgment regarding the plaintiff's claim for inducing patent infringement. FedEx moved for...more

9/18/2014 - FedEx Indirect Infringement Limelight v Akamai Motion for Reconsideration Patent Infringement Patent Litigation Patents SCOTUS Summary Judgment

Court Denies Summary Judgment Motion as Premature Prior to Markman Hearing

Pipeline Technologies Inc. ("Pipeline") filed a patent infringement action against Telog Instruments Inc. ("Telog"). Telog filed a motion for summary judgment, seeking summary judgment on the ground that the disputed claims...more

9/18/2014 - Indefiniteness Patent Infringement Patent Litigation Patents Summary Judgment

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