Jeffer Mangels Butler & Mitchell LLP

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

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

District Court Grants Permanent Injunction after Summary Judgment Ruling in Favor of Patent Holder Where Defendant Was Direct Competitor and Patent Holder Had Lost Sales and Market Share

After the district court granted the plaintiff's motion for summary judgment of patent infringement, the district court addressed whether a permanent injunction was appropriate. The patent at issue, U.S. Patent No. 6,065,794…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

The 2016 LIIC Top Ten: The annual survey of lodging investment trends and challenges

(Denver, CO) For well over a decade, the members of the hotel industry’s preeminent think tank, “LIIC – The Lodging Industry Investment Council,” are annually surveyed to develop a list of the major hotel investment…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Mergers & Acquisitions, Real Estate - Commercial

Federal Judge Takes Decisive Action to Protect Hotels from ADA Abuse by a High Frequency Litigant

In a rare and decisive action, a Central District Court Judge dismissed an Americans with Disabilities Act (ADA) lawsuit filed by an Arizona disabled plaintiff who has recently filed a wave of over 70 ADA lawsuits against…more
| Civil Procedure, Civil Rights

District Court Refuses to Recognize "Apex" Doctrine for Documents Created by Inventor and Global Leader of Company

The defendant filed a motion to compel, seeking a wide array of discovery against Plaintiffs Dyson, Inc. and Dyson Limited (collectively, "Plaintiffs") to produce emails belonging to James Dyson ("Dyson"). Plaintiffs asserted…more
| Civil Procedure, Electronic Discovery, Intellectual Property, Science, Computers, & Technology

Experts Ordered to Produce Draft Reports Exchanged with Other Experts

In this patent infringement action, the plaintiff, BRP, alleged three counts of patent infringement against Arctic Cat concerning snowmobile frame construction and snowmobile rider positioning. BRP alleged patent infringement by…more
| Civil Procedure, Intellectual Property, Law Practice Products & Services

District Court Denies Request to Have Invalidity Case Proceed Prior to Infringement Case

The parties in this patent infringement action could not agree on the order of proof at trial. Defendants sought to present their invalidity defense first, arguing that if the patent is invalid, they could not be liable for…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Declines to Grant Voluntary Dismissal of Action with Motion for Judgment on the Pleadings Pending Where Patent Was Found Invalid by Another Court

After a district court in the Eastern District of Virginia invalidated the patent-in-suit because it did "not pass the two part test laid out by the Supreme Court in Mayo and Alice." Peschke Map Techs. LLC v. Rouse Properties…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Grants Indicative Ruling to Vacate Judgment Based on Settlement of the Parties

In this patent infringement action, the parties reported that they had settled their dispute while it was pending before the Federal Circuit. The settlement was contingent upon the district court's granting an indicative motion…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Strikes Affirmative Defenses of Laches, Waiver, Estoppel and Acquiescence for Lack of Sufficient Detail

After the plaintiff filed a Second Amended Complaint against Fieldpiece Instruments, Inc. ("Defendant") for patent infringement, the Defendant filed its an answer raising a series of affirmative defenses to Plaintiff's claims…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Covenant Not to Sue Insufficient to Warrant Dismissal of Counterclaims Where Covenant Contained Reservation of Rights

The plaintiff filed a motion to dismiss the defendants' patent invalidity counterclaims for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. Rule 12(b)(1) because the plaintiff withdrew its patent infringement claims…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

District Court Orders Production of Settlement Agreements But Denies Request for Deposition That Would Go Beyond Four Corners of the Agreements

Plaintiffs filed a declaratory judgment action seeking a declaration that U.S. Patent No. 7,923,221 (the "Cabilly III patent"), owned by Defendants, is invalid and therefore Plaintiffs do not owe royalties with respect to…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology
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