Jeffer Mangels Butler & Mitchell LLP

After a Jury Trial Determining that the Defendant Infringed Several Valid Patents, the District Court Certified the Partial Judgment for Appeal Prior to a Trial on Damages Because the PTAB Had Found One of the Patents Invalid

Plaintiffs asserted that defendants infringed several patents. The district court bifurcated liability and damages for all four patent infringement claims. After a jury trial, the jury concluded that the patents were valid and…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

STR Adopts New Competitive Set Guidelines – Impact on Owners

The importance of the competitive set - Many hotel management agreements contain performance test standards allowing an owner to terminate a management agreement if the hotel fails to meet specified guidelines, and most of…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions

Defendant's "Piecemeal" Approach to Discovery and Review of Only Select Files of Corporate Employees Results in Sanctions

In this patent infringement action, the defendants conducted a "piecemeal approach to discovery, reviewing only the files of select corporate employees." The district court found that this approach was contrary to the Federal…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

They Will Click: Cybersecurity and the Human Factor

Cybercrime cost the world economy about $445 billion in 2014 and the 2015 numbers will be even higher. The cost of data breaches will reach $2.1 trillion globally by 2019. Worldwide spending on information security is estimated…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Science, Computers, & Technology

District Court Denies Request to Stay Discovery Pending Motion to Dismiss Based on Patent-Ineligible Subject Matter

J. Crew filed a motion to dismiss the plaintiffs' claims for patent infringement pursuant to Federal Rule of Civil Procedure 12(b)(6), asserting that the patents-in-suit are drawn to patent-ineligible subject matter and…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Denies Request for Order Compelling Production of Damage Expert Report from a Different Pending Case

In this patent infringement action between Chrimar Systems, Inc. ("Chrimar") and Alcatel-Lucent USA, Inc. ("Lucent"). Lucent sought production of the damages expert report of Plaintiffs' damages expert, Robert Mills, that was…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court May Preclude Evidence from Parent Company Where Parent Company Was Dismissed from Case and Then Refused to Provide Discovery

When this patent infringement action began, the plaintiff explained that it was concerned that it would not be able to obtain important discovery if Ricoh Company Ltd. ("RCL"), which is the parent company of the defendants,…more
| Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

As Part of Protective Order, District Court Orders Prosecution Bar and Covenant Not to Sue for New Patents Acquired by Patent Holder

In this patent infringement action, a dispute arose between Plaintiff Blackbird Tech LLC ("Blackbird") and the defendants over the terms of proposed protective orders to govern the use of confidential information produced…more
| Intellectual Property, Science, Computers, & Technology

District Court Precludes Evidence of Patent Trial and Appeal Board's Denial of Institution of Inter Partes Review at Trial

As this patent infringement action proceeded to trial, Google filed a motion in limine to exclude evidence of Google's petitions for Inter Partes Review ("IPR") of claims of the patent-in-suit and the Patent Trial and Appeal…more
| Civil Procedure, Intellectual Property, Securities Law

District Court Strikes Infringement Contentions and Sanctioned Plaintiff for Taking Inconsistent Positions

The defendant, Echoworx, brought a motion to strike ZixCorp's infringement contentions. ZixCorp had served its original infringement contentions on Echoworx, contending that the elements of the patent-in-suit are software…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

District Court Strikes Documents That Were Not Produced During Discovery Even Though Documents Were Publically Available

In this patent infringement action, Mobile Telecommunications Tech., LLC ("MTel") filed against Blackberry Corp., MTel moved to exclude certain exhibits that were archived press releases published by RCR Wireless and SkyTel…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Court Declines to Modify Judgment Based on Collateral Proceedings before the PTAB Finding Claims of Patent-In-Suit Invalid

Summary: In the decision referenced below, the court declined to modify a judgment pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure even though the PTAB had found several claims of the patent-in-suit…more
| Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Industry fundamentals are good now and will continue to improve

Hotel industry fundamentals are good, and will continue to improve. But the hotel industry is being punished by the disconnect between the investment community of Wall Street and actual performance of the hotels on Main Street…more
| Business Organizations, Finance & Banking, Mergers & Acquisitions

CalCIMA ‘Checklist’ for Compliance with AB 219: New Prevailing Wage Requirements for Concrete Suppliers

In 2015 the California State Legislature passed AB 219, a bill that extends California prevailing wage requirements to ready mixed concrete suppliers, effective July 1, 2016. The new law represents a sea-change in…more
| Commercial Law & Contracts, Construction Law, Labor & Employment Law

Failure to Institute Inter Partes Review Is Not Grounds for Common Law Estoppel to Prevent Defendant from Re-Litigating Issues Raised before the Patent Office

The defendant filed a petition for Inter Partes Review ("IPR") with the Patent Office. As part of its application, it submitted a 65 page brief along with several hundred pages of accompanying evidence. The plaintiffs submitted…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology
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