Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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Plaintiff Seeks to Substitute Damage Expert after Expert Retires

In this patent infringement action, the plaintiff sought to substitute its damage expert because its current damage expert had retired. The plaintiff also sought to withdraw the retired expert's damage report....more

11/4/2015 - Expert Witness Patent Infringement Patent Litigation Patents

Amazon Seeks Motion in Limine Requiring Plaintiff to Remove Statements on Website Prior to Trial

As the case between Milo & Gabby, LLC and Amazon moved closer to trial, Amazon filed several motions in limine, including a motion to force the plaintiffs to remove statements from its websites, which Amazon contended were...more

11/2/2015 - Amazon Motions in Limine Patent Litigation Patents Prior Restraint

WARF v. Apple: Motion to Exclude Live Witness Granted Where Apple Had Previously Sought to Rely Solely on Deposition Testimony

As the Wisconsin Alumni Research Foundation ("WARF") patent infringement case against Apple approached trial, Apple attempted to call a witness live that it had previously informed WARF's counsel would be called by...more

10/28/2015 - Apple Depositions Expert Witness Patent Infringement Patent Litigation Patents

After Granting Motion for Summary Judgment on Issue of Non-Infringement, District Court Orders Parties to Proceed to Bench Trial...

The District Court granted Transcend's motion for summary judgment on the issue of non-infringement and denied the patent owner's, Glaukos', motion on the issue of inequitable conduct. The District Court then set a bench...more

10/26/2015 - Inequitable Conduct Noninfringement Patent Infringement Patent Litigation Patents Summary Judgment

District Court Declines to Admit Denial of Petition for Inter Partes Review ("IPR") into Evidence before Jury

In a pending patent infringement action, Apple moved to preclude the plaintiff, Wisconsin Alumni Research Foundations ("WARF") from offering evidence or argument regarding the Patent Office's denial of an IPR that Apple...more

10/21/2015 - Apple Evidence Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Prior Art USPTO

District Court Denies Defendants' Motion to Stay Pending Inter Partes Review ("IPR") Where Third Parties Filed IPRs and Defendants...

In this patent infringement case, Plaintiff Signal IP, Inc. ("Signal") alleged that Defendants Ford Motor Company ("Ford") and Fiat Chrysler US LLC ("FCA") (collectively "Defendants") infringed upon six of patents. The...more

10/19/2015 - Chrysler Ford Motor Inter Partes Reexamination Inter Partes Review Proceedings Motion To Stay Patent Infringement Patents Validity

District Court Denies Motion to Reconsider Summary Judgment Eliminating Pre-Suit Damages for Failure to Mark Imported Products

The district court had previously held that no reasonable jury could find that the plaintiff Corning Optical Communications Wireless LTD ("Corning") marked its products or otherwise complied with the marking requirements...more

10/14/2015 - Motion for Summary Judgment Motion To Reconsider Patent Litigation Patents Subsidiaries The Patent Act

Even though Defendant filed Disguised Daubert Motion that Court Called "Untimely" and "Lame," the District Court Granted the...

In this patent infringement action, Defendant R/X Automation Solutions filed a motion in limine to exclude one of plaintiff's experts. The district court concluded that the motion was an untimely Daubert motion because the...more

10/13/2015 - Daubert Standards Expert Testimony Patent Infringement Patent Litigation Patents

District Court Excludes 15 Prior Art References Not Disclosed in Invalidity Contentions

In this patent infringement action, Plaintiffs filed motions in limine to exclude 15 prior art references that defendants intend to use to show the state of the art pertinent to the patents-in-suit. Defendants included the 15...more

10/8/2015 - Motions in Limine Patent Infringement Patent-in-Suit Patents Prior Art

Turf Wars: District Court Permits Expert to Use Replicas of Athletic Fields in Front of Jury

The plaintiffs, Fieldturf USA and Tarkett Inc. (collectively, "Fieldturf") filed a patent infringement action against Astroturf LLC ("Astroturf"). In defense, Astroturf intended to present expert testimony on anticipation...more

10/5/2015 - Discovery Motions in Limine Patent Infringement Patent-in-Suit Patents Popular Special Master

Court Orders Law Firm and Client Joint and Severally Liable for Part of Attorney's Fee Award After Determination That Case Was...

The district court briefly summarized this patent infringement action that it found frivolous as follows: "In the 1990's, Segan invented a system for people to browse the Internet. Today, Zynga makes video games that people...more

10/2/2015 - Attorney's Fees Exceptional Case Frivolous Lawsuits Patent Infringement Patent Litigation Patents Rule 11 Zynga

Court Declines to Stay Discovery Pending Motion to Dismiss Under Section 101 Because Court Does Not Believe That There Is an...

The defendants filed a motion to stay discovery until the district court ruled upon its motion to dismiss pursuant to 35 U.S.C. § 101. In their motion to stay, Defendants asserted that its motion to stay discovery should be...more

9/29/2015 - Discovery Motion to Dismiss Motion To Stay Patent Litigation Patents

It Is Cold Out There: District Court Denies Joint Stipulation to Stay Case Pending Inter Partes Review -- Twice

In consolidated patent infringement actions between Arctic Cat and Polaris, Artic Cat filed four petitions for inter partes review ("IPR") of two patents asserted by Polaris. Three days after the IPRs were filed, the parties...more

9/18/2015 - Case Consolidation Inter Partes Review Proceedings Motion To Stay Patent Litigation Patents

District Court Stays Action Pending Appellate Review of Motion to Compel Privileged Documents

The district court had previously ordered plaintiffs to produce certain documents to the extent that documents containing communications between plaintiff and its non-attorney patent agents were not subject to the...more

9/16/2015 - Appeals Attorney-Client Privilege Discovery Document Productions Inter Partes Review Proceedings Mandamus Petitions Motion To Stay Multi-Factor Test Patent Trial and Appeal Board Patents Samsung

District Court Allows Discovery to Re-Open to Permit Plaintiff to Compel Defendant to Produce Update Sales Records prior to Trial

Isola USA Corp. ("Isola") moved to compel Taiwan Union Technology Corp. ("TUC") to provide updated sales data in response to document requests an interrogatories. In response to this discovery, TUC had previously provided...more

9/11/2015 - Document Requests Federal Rules of Civil Procedure Motion to Compel Patent Infringement Patents

District Court Awards Defendant Its IPR-Related Fees Under § 285

In Deep Sky Software, Inc. v. Southwest Airlines Co., Defendant Southwest Airlines ("Southwest") sought its fees and costs following the successful inter partes review of the patent-in-suit, which resulted in all of the...more

9/9/2015 - Attorney's Fees Exceptional Case Inter Partes Review Proceedings Patent Infringement Patent Invalidity Patent-in-Suit Patents Southwest Airlines

District Court Denies Motion to Dismiss for Lack of Personal Jurisdiction Where Plaintiff Sent ANDA Notice Letter

Defendants, Nang Kuang Pharmaceutical Co., Ltd. ("Nang Kuang") and CANDA NX-2, LLC ("CANDA") (collectively, "Defendants") filed a motion to dismiss, asserting that the patent infringement action filed by Plaintiffs, Eli Lilly...more

9/7/2015 - ANDA Eli Lilly FDA Generic Drugs Intellectual Property Litigation Jurisdiction Patent Infringement Patent Litigation Patents Personal Jurisdiction Pharmaceutical Industry Pharmaceutical Patents Prescription Drugs

District Court Grants Summary Judgment of No Damages for Failure to Mark

Plaintiff Juno Manufacturing, LLC ("Plaintiff" or "Juno") filed a patent infringement complaint against Defendant Nora Lighting, Inc. ("Defendant" or "Nora"). The complaint alleged that Defendant infringed Plaintiff's patent,...more

9/2/2015 - Constructive Notice Labeling Notice Requirements Patent Infringement Patents Summary Judgment

District Court Denies Motion to Exclude CEO from Providing Expert Testimony on Infringement

Defendant filed a motion to strike plaintiff's expert report on infringement, asserting that the report failed to comply with Fed.R.Civ.P. 26 because, among other things, the report did not constitute a written report under...more

8/31/2015 - Expert Testimony Expert Witness Federal Rules of Civil Procedure Information Reports Motion To Strike Patent Infringement Patents Rule 26

Enovsys v. AT&T: Court Excludes Plaintiff's Damage Expert for Failure to Apportion and Sua Sponte Bifurcates Trial into Liability...

After the court struck plaintiff's damage expert's report for failing to tie damages to the limited feature of the patented invention, the court permitted the plaintiff to submit a supplemental expert report. Once the...more

8/26/2015 - AT&T AT&T Mobility Calculation of Damages Expert Witness Fair Market Value Patent Litigation Patents Royalties

Motion for Judgment on the Pleadings Based on Unpatentability Under Section 101 Denied Where Patents Were Not Directed to an...

Defendants Motorola Mobility, LLC,, Inc., Apple Inc., Huawei Technologies Co., Ltd., Huawei Device USA, Inc., HTC Corp., HTC America, Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and...more

8/24/2015 - Amazon Apple HTC America Judgment on the Pleadings Motion for Judgment Motorola Patent Litigation Patent-Eligible Subject Matter Patents Samsung Section 101

In-House Counsel Ordered to Sit for Additional Deposition After Emails Improperly Withheld on Basis of Privilege

Sprint Communications Company, L.P., filed a patent-infringement action against Comcast Cable Communications, LLC, Comcast IP Phone, LLC, and Comcast Phone of Kansas, LLC (collectively, "Comcast"). The district court had...more

8/21/2015 - Attorney-Client Privilege Comcast Depositions Email Patent Infringement Patent Litigation Patents Sprint Telecommunications

District Court Denies Stay Based on Inter Partes Review ("IPR") Where Less than 25% of Claims at Issue were Subject to IPR

Defendants HTC America, Inc., HTC Corporation, AT&T Mobility LLC, Cellco Partnership, Sprint Spectrum L.P., Kyocera Corporation, Boost Mobile, T-Mobile USA, Inc. and ZTE (USA), Inc. filed a motion to stay pending resolution...more

8/20/2015 - AT&T Mobility Discovery HTC HTC America Inter Partes Reexamination Inter Partes Review Proceedings Motion To Stay Patent Litigation Patents Sprint T-Mobile Telecommunications USPTO Wireless Industry

Smartflash v. Apple: District Court Stays Case Sua Sponte Based on Pending Covered Business Method ("CBM") Patent Review

The court had previously stayed a cased pending between Smartflash LLC and Amazon and simultaneously declined to stay an earlier-filed case between Smartflash LLC and Apple, Inc. because the stay request came after a jury...more

8/13/2015 - Amazon Apple Covered Business Method Patents Covered Business Method Proceedings Interlocutory Appeals Patent Litigation Patents Stays Sua Sponte

District Court Denies Motion to Stay Pending Inter Partes Review as "Toss Up"

The Boeing Company ("Boeing") filed a motion to stay pending inter partes review" ("IPR") after Boeing had requested that the United States Patent and Trademark Office ("PTO") conduct an inter partes review of U.S. Patent No....more

8/11/2015 - Boeing Inter Partes Review Proceedings Motion To Stay Patents USPTO

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