Jeffer Mangels Butler & Mitchell LLP

Defendants' Motion Seeking to Depose Opposing Counsel Denied Where Defendants Could Not Show That Information Was Unavailable from Another Source

After the plaintiff filed suit against the defendants for patent infringement, the defendants contended that they uncovered during discovery a series of e-mails demonstrating that in 2011, plaintiff engaged plaintiff's attorney,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Denies Motion to Dismiss under Section 101 Even Though Two Other District Courts Had Founds Patents Ineligible

In this patent infringement action, the Defendants filed motions for partial summary judgment of invalidity with respect to two of the patents at issue in the case. The defendants argued that two district courts had already…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Hotel Lawyer at the ALIS hotel conference in Los Angeles — A turnaround in hotel investor sentiment? Was that just a raindrop or is the sky falling?

Hotel Lawyers with first signs of a sea change in investor sentiment about the hotel sector - As our team of hotel lawyers returns from the Americas Lodging Investment Summit (or ALIS) in Los Angeles, we all noticed a big…more
| Business Organizations, Finance & Banking, Real Estate - Commercial, Securities Law

Evidence of Copying Admissible in Patent Infringement Trial to Prove Nonobviousness

Metaswitch moved to exclude evidence of copying from a patent infringement action filed against it by Genband. Genband asserted during the pretrial process that it was seeking to introduce evidence of copying as an indication of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Rules Plaintiff Need Not Come Forward with Evidence of Priority Date Earlier than Patent Application Until Defendant Produces Clear and Convincing Evidence of Invalidating Prior Art and Summary Chart Is Not Sufficient

Omega Patents, LLC ("Omega") filed a patent infringement action against CalAmp Corp. ("CalAmp") asserting that CalAmp infringes the claims of U.S. Patent No. 6,346,876 ("the '876 Patent"), U.S. Patent No. 6,737,989 ("the '989…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

US Equipment Leasing and Finance Legal Update – January 2016

Welcome to the inaugural issue of JMBM’s US Equipment Leasing and Finance Legal Update. My goal is to alert our clients and friends of legal developments that may affect their equipment leasing and finance transactions in the…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

District Court Declines to Stay Action Pending Inter Partes Review ("IPR") Where Claim Construction Briefing Had Already Occurred

After the PTAB granted Defendant's petition for IPR on certain of the claims in the patent-in-suit, the defendant filed a motion to stay the action pending the resolution of the IPR. The plaintiffs objected to a stay, but…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Not Just Heads In Beds – Cybersecurity for Hotel Owners

The basics of the hotel business have traditionally been simple: good location, fair prices, appropriate amenities and good service were the keys to success. While those factors are important today, hotels are no longer simply a…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

District Court Strikes Expert Opinion Testimony on Patent Subject Matter Eligibility Under Section 101

Defendants Metaswitch Networks Ltd and Metaswitch Networks Corp. ("Metaswitch") filed a motion to strike plaintiff's expert opinions of Mr. Lanning, including his opinions that the patents in suit claim patent-eligible subject…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Expert Patent Valuation Opinion Based on Forward Citation Analysis Survives Daubert Challenge

Plaintiff Better Mouse Company's ("Better Mouse") filed a motion to strike portions of the rebuttal expert report and exclude testimony of Richard Eichmann. Better Mouse asserted that the district court should exclude Mr…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Denies Request for Contempt Where Defendant Continued to Provide Repairs and Replacement Parts to Enjoined Devices

Plaintiff Advanced Transit Dynamics, Inc. ("Plaintiff" or "ATD") filed an ex parte application for a judgment of civil contempt against Defendant Ridge Corporation's ("Defendant" or "Ridge") for allegedly violating of the…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

District Court Declines to Delay Transfer of Case Pending Ruling on Claim Construction

The plaintiffs, Chrimar Systems, Inc. and Chrimar Holding Company, LLC ("Chrimar"), filed a motion to reconsider the district court's order granting Ruckus Wireless, Inc.'s ("Ruckus") motion to transfer venue to the Northern…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Denies Motion for Leave to Have Forensic Expert Report Used as Affirmative Evidence

The defendants filed a motion for leave to have the forensic expert report of Curtis Rose considered as affirmative evidence. The defendants timely served Rose's expert rebuttal report but sought to use his opinions as…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Denies Accounting and Ongoing Royalty Where Jury Instructions Told Jury to Award Damages That Would Put Patent Holder in Same Financial Position Had Infringement Not Occurred

Prism brought suit against Sprint alleging patent infringement of U.S. Patent Nos. 8,127,345 and 8,387,155 (the "Asserted Patents"). After the jury returned a $30 million award in favor of Prism, Prism filed a motion for an…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

eDekka Gets Decked by Finding of Exceptional Case in the Eastern District of Texas

Plaintiff eDekka LLC ("eDekka") sued a large number of defendants in Eastern District of Texas alleging infringement of U.S. Patent No. 6,266,674 ("the '674 Patent") titled "Random Access Information Retrieval Utilizing User…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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