Jeffer Mangels Butler & Mitchell LLP

District Court Excludes Prior Art References in Expert Report That Were Not Included in Invalidity Contentions

After the district court adopted a specialized scheduling order that was based on local patent rules in other districts, the plaintiffs served detailed infringement contentions and the defendant served detailed invalidity…more
| Civil Procedure, Intellectual Property

District Court Denies Motion to Exclude Expert Testimony on the Ground That the Expert Was Not a Person Having Ordinary Skill in the Art

Defendants sought to exclude the testimony of Plaintiff's expert Joseph C. McAlexander III in its entirety because he lacked the appropriate technical background. In their motion, Defendants alleged that Mr. McAlexander's…more
| Civil Procedure, Intellectual Property

Aylus v. Apple: District Court Orders Production of Revenue Documents

Aylus Networks, Inc. ("Aylus") sought documents from Apple "relating to the revenue, costs and profits from (1) purchases or rentals of iTunes video content using the accused Apple TV and/or iOS products iPhone, iPad, and iPod…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

District Court Declines to Lift Stay Even After Patent Trial and Appeal Board Issued Written Decision on CBM Petitions

The district court stayed several consolidated cases pending certain proceedings before the Patent Trial and Appeal Board ("PTAB"). In the order granting the stay, the district court stated: "Upon issuance of a final decision…more
| Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

District Court Dismisses Action after Patent Is Transferred to President of Company

After Plaintiff Pi-Net International, Inc. ("Pi-Net") brought suit against Defendants Focus Business Bank and Bridge Bank, N.A. for patent infringement, the Patent and Trademark Office initiated an Inter Partes Review ("IPR") of…more
| Civil Procedure, Constitutional Law, Intellectual Property

District Court Denies Motion for Leave to Amend Answer to Assert Affirmative Defense of Patent Misuse

The defendants in this patent infringement action filed several motions for leave to amend their answers to include various affirmative defenses, including: (1) the affirmative defense of patent misuse; (2) the affirmative…more
| Civil Procedure, Civil Remedies, Intellectual Property

District Court Denies Motion for Leave to File Summary Judgment as Premature Prior to Claim Construction

Rec Software USA, Inc. ("Rec") filed a patent infringement action against HTC America, Inc. ("HTC"). HTC requested leave to file a motion for summary judgment based on 35 U.S.C. §101. The request for leave to file the summary…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Lifts Stay After Covered Business Method Review Is Dismissed Because Federal Circuit Would Not Have Jurisdiction to Hear Appeal of Dismissal

Plaintiff GT Nexus, Inc. ("GT Nexus") filed a declaratory judgment action against Inttra, Inc. ("Inttra") seeking a declaration that four of Inttra's patents ("patents-in-suit") were invalid and have not been infringed. Inttra…more
| Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property

District Court Grants Motion to Dismiss for Lack of Standing on the Eve of Trial

Plaintiff Labyrinth Optical Technologies LLC ("Labyrinth") filed a patent infringement action against Defendant Alcatel-Lucent USA, Inc. ("Lucent"), alleging that Lucent infringes U.S. Patent No. 8,103,173 (the "'173 Patent")…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Intellectual Property

Land Use Lawyer: Football in Los Angeles? It's All About The Land.

The Los Angeles area, which once boasted two professional football teams, has been without an NFL franchise for twenty years. That's not to say there haven't been several stadium proposals during that time, among them a…more
| Art, Entertainment, & Sports Law, Environmental Law, Zoning, Planning & Land Use

District Court Denies Unopposed Request to Seal Exhibits Where Only Justification for Sealing Was That Parties Designated the Documents Confidential under the Protective Order

Defendant Ericsson filed an unopposed motion for leave to file its motion to strike certain paragraphs of a supplemental expert report for the plaintiff under seal. Although the request was unopposed, the district court…more
| Civil Procedure, Intellectual Property

Expert Is Not Permitted to Testify to Alternate Hypothetical Negotiation Dates Where No Hypothetical Negotiation Was Conducted for those Alternate Dates

After the parties submitted expert reports in this patent infringement action, Ford objected to Eagle Harbor's damage expert's expected testimony and demonstratives. Ford objected to Eagle Harbor's evidence because it involved…more
| Civil Procedure, Civil Remedies, Intellectual Property

Patent Misuse and Patent Exhaustion Asserted as Stand Alone Claims Dismissed for Failure to State a Claim

Continental Automotive GmbH and Continental Automotive Systems, Inc. (collectively "Continental") filed a multi-claim lawsuit against iBiquity Digital Corporation ("iBiquity"), which asserted causes of action for patent…more
| Civil Procedure, Civil Remedies, Intellectual Property

District Court Denies Motion to Stay Pending Ex Parte Reexamination Where Defendant Was Competitor of Plaintiff and Chose Ex Parte Reexamination over Inter Partes Reexamination

Plaintiff Ecolab Inc. ("Ecolab") filed a patent infringement action alleging that Gurtler infringed Ecolab's patent for "SANITIZING LAUNDRY SOUR," United States Patent No. 6,262,013 (the "'013 Patent"). Gurtler subsequently…more
| Civil Procedure, Civil Remedies, Intellectual Property

District Court Denies Motion to Stay Pending Ex parte Reexamination Where Defendant Was Competitor of Plaintiff and Chose Ex Parte Reexamination over Inter Partes Reexamination

Plaintiff Ecolab Inc. ("Ecolab") filed a patent infringement action alleging that Gurtler infringed Ecolab's patent for "SANITIZING LAUNDRY SOUR," United States Patent No. 6,262,013 (the "'013 Patent"). Gurtler subsequently…more
| Civil Procedure, Civil Remedies, Intellectual Property
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