Jeffer Mangels Butler & Mitchell LLP

District Court Grants Motion to Dismiss for Lack of Standing Where Co-Owners of Patent Were Not Joined in Original Complaint But Permits Potential Amendment to Add Co-Owners

Cobra International, Inc. ("Cobra") filed a patent infringement action against Defendants for infringement of U.S. Patent No. 5,821,858 ("the '858 patent"). Cobra alleged that the '858 patent was issued to Allan J. Stone, who…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

District Court Denies TRO and Preliminary Injunction Where Speculation on Future Harm Did Not Show Likely Irreparable Harm

Plaintiff SATA GmbH & Co. KG ("Plaintiff") sought an ex parte Motion for Temporary Restraining Order and a Motion for Preliminary Injunction. Plaintiff alleged that Defendants Zhejiang Refine Wufu Air Tools Co., Ltd. ("Wufu")…more
| Civil Procedure, Civil Remedies, Intellectual Property

District Court Administratively Terminates Motion to Dismiss Because of Pending Inter Partes Reviews ("IPRs")

In this patent infringement action, Watson Laboratories, Inc.'s ("Watson") moved to dismiss several counts of the complaint filed by Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited (collectively, "Jazz")…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Aylus v. Apple: Apple Moves to Strike Supplemental Expert Report Served After Expert Deposition and at the End of the Expert Discovery Period

After Aylus timely served the report of its technical expert, Daniel Schonfeld, and Apple deposed the expert, Aylus served a "First Supplemental Expert Report of Dan Schonfeld" at the end of the expert discovery period. Apple…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Strikes Portion of Damage Expert Report Where the Expert Relied Upon Surveys But Did Not Explain How They Related to Specific Facts of Case

The defendants moved to exclude the expert report of Mr. Ratliff, asserting that he made critical errors in his expert report on damages. The defendants specifically alleged that Mr. Ratliff committed basic math and reasoning…more
| Civil Remedies, Commercial Law & Contracts, Intellectual Property

Wi-Fi blocking is illegal. FCC fines Hilton Hotels and M.C. Dean over Wi-Fi blocking in two new actions

FCC takes two enforcement actions on Wi-Fi - On November 2, 2015, the FCC issued two separate news releases on Wi-Fi blocking. In one action, the FCC announced a $718,000 fine against M.C. Dean, one of the nation’s largest…more
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Limestone v. Apple: Apple Successfully Moves to Dismiss Willful Infringement Claims

Limestone filed a patent infringement action against Apple, alleging direct and willful infringement of four patents. For each of the four claims of patent infringement against Apple, Limestone alleged, "[u]pon information and…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, International Law & Trade, Science, Computers, & Technology

After Granting Motion for Summary Judgment on Issue of Non-Infringement, District Court Orders Parties to Proceed to Bench Trial on Inequitable Conduct Defense to Avoid the Potential of Parties Preparing for Trial a Second Time

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 trial…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

California Does It Again – Data Breach Notification Requirements

California adopted the first breach notification statute in the nation, and prides itself at being in the forefront of consumer privacy and security issues. On October 6, 2015, for the third time in the past three years,…more
| Privacy, Science, Computers, & Technology

There’s a New (Cybersecurity) Sheriff in Town: FTC vs. Wyndham

On August 24, 2015, the Third Circuit United States Court of Appeals issued its ruling in Federal Trade Commission v. Wyndham Worldwide Corporation. The case was highly anticipated by the data security community generally for…more
| Consumer Protection, Privacy, Science, Computers, & Technology

No More Safe Harbor – What does that mean to me? EU-U.S. Safe Harbor Framework Invalidated

The Safe Harbor - For 15 years, the Safe Harbor Framework has provided a way for U.S. companies to comply with the EU Data Protection Directive. Under the directive, transfers of personal data from the EU to a non-EU…more
| Commercial Law & Contracts, International Law & Trade, Privacy, Science, Computers, & Technology

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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