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Motion to Stay Pending Inter Partes Review Denied Where Plaintiff Had Prevailed in Previous Inter Partes Review

In this patent infringement case, Plaintiff, CTP Innovations, LLC ("CTP") sued V.G. Reed and Sons, Inc. ("Reed") to stop Reed's alleged infringement of two United States patents, which pertain to systems and methods of...more

8/26/2014 - Inter Partes Review Proceedings Patent Infringement Patent Trial and Appeal Board Patents

Court Excludes Plaintiff's Experts Where Experts Failed to Comply with Rule 26 Disclosures

In this patent infringement action, the defendants, Hangzhou Langhong Technology Co., Ltd. and Langhong Technology USA Inc., moved to exclude the testimony of plaintiff's experts on infringement and damages. The district...more

8/26/2014 - Disclosure Requirements Expert Witness Patent Infringement Patent Litigation Patents Rule 26

Motion to Stay Enforcement of Judgment Denied Where Defendant Was Found to be a Willful Infringer and Offered Inadequate Security

On May 16, 2014, the district court entered Judgment on a jury verdict in favor of Plaintiff Global Traffic Technologies, LLC ("GTT") in the amount of $5,052,118, enhanced damages in the amount of $2,526,059, and prejudgment...more

8/19/2014 - Motion To Stay Patent Infringement Patent Litigation Patents Prejudgment Interest Punitive Damages

District Court Denies Preliminary Injunction Where Plaintiffs Could Not Show Irreparable Harm Because Defendant Is Large and Well...

Plaintiff Hill-Rom Company, Inc. ("Hill-Rom") filed a motion for a preliminary injunction against General Electric Company ("GE"). The district court began its discussion by noting that "[t]he Federal Circuit has said that...more

8/18/2014 - General Electric Injunctions Irreparable Harm Patent Infringement Patent Litigation Patents Preliminary Injunctions

Motion to Set Aside Default Where Defendant Waited Too Long to Obtain New Counsel

Plaintiff Fleet Engineers, Inc. ("Fleet") develops, manufactures, and sells after-market products for the trucking industry. Defendant Tarun Surti, the president of Mudguard Technologies, LLC ("Mudguard"), owns a mud flap...more

8/18/2014 - Default Patent Infringement Patent Litigation Patents

Court Denies Monetary Sanctions Based on Overdesignation of Documents As Confidential-Outside Counsel Eyes Only But Orders...

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

8/7/2014 - Attorney-Client Privilege Discovery Patent Infringement Patent Litigation Patents Sanctions Technology

Court Stays Discovery Request for Pre-Litigation Filing Investigation as Premature until Case Concludes

The amended complaint filed by Gene Neal and Kennieth Neal alleged claims for patent infringement and violations of California state law for unfair competition and false advertising. The Defendants, pursuant to Rule 26(d),...more

8/6/2014 - Federal Rules of Civil Procedure Patent Infringement Patent Litigation Patents

Supreme Court's Decision on Indefiniteness Constitutes Basis to Reconsider Prior Claim Construction Order But Does Not Result in...

In this patent infringement action, Defendant Lighthouse Photonics Corporation's ("Lighthouse") moved to reconsider the Court's Claim Construction Order. Lighthouse argued three reasons for reconsideration: "first, Newport...more

8/6/2014 - Claim Construction Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

Motion to Stay Pending CBM Review Granted Where Non-Practicing Entity Did Not Seek Preliminary Injunction

Boku, Inc. ("Boku") filed a CBM petition with the PTAB seeking review of the patentability of Plaintiff's U.S. Patent No. 7,273,168 (the "'168 patent"). The petition challenged all claims of the '168 patent on grounds that...more

7/28/2014 - America Invents Act Covered Business Method Proceedings Indefiniteness Non-Practicing Entities Patent Trial and Appeal Board Patent-in-Suit Patents Prior Art

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

Walker Digital v. Google: Stay Pending CBM Review Denied Where Discovery Was Complete and Stay Would Prejudice the Plaintiff

After the PTAB instituted a CBM review of the patents-in-suit, Google sought a stay of the litigation pending resolution of CBM review by the PTAB. The district court explained that "[c]ourts consider four factors when...more

7/16/2014 - Covered Business Method Patents Discovery Patent Trial and Appeal Board 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

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