Jeffer Mangels Butler & Mitchell LLP

District Court Orders Production of Bills from Expert Witnesses But Permits Redaction of Narrative Statements in Bills

In this patent infringement action, the defendant, Ericsson moved to compel the plaintiff, TCL, to produce bills and invoices for worked performed by TCL's expert witnesses. TCL sought to redact the bills and invoices to…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Employment Law Alert: Will You Need to Pay Overtime to Your Salaried Workforce?

New Questions Arise as the Federal Minimum Salary Levels for Exempt Employees Will More Than Double on December 1, 2016 - The U.S. Department of Labor (“DOL”) has issued new regulations which increase the minimum salary…more
| Labor & Employment Law

Labor Alert: New LA ordinance requires 48 hours of paid sick leave per year for all employees

Los Angeles area employers are now required by law to provide their employees with even more paid sick time off. On June 2, 2016 the City of Los Angeles passed a new ordinance (Ordinance No. 184320) (the “Ordinance”)…more
| Labor & Employment Law

Subsequent Employment Agreement Assigning Inventor's Intellectual Property Rights Does not Defeat Standing for Inventions Created Prior to Employment Agreement

The plaintiff, Odyssey Wireless ("Odyssey") filed four separate actions for patent infringement against Defendants Apple, Samsung, LG, and Motorola, alleging infringement of U.S. Patent Nos. 7,881,393; 8,199,837; 8,576,940;…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Recent Decision in Halo Requires Reconsideration of Summary Judgment Motion on Willfulness

In a multi-district litigation, the district court had previously granted summary judgment in favor of the defendants on the issue of willful infringement. After the Supreme Court's decision in Halo Electronics, Inc. v. Pulse…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

District Court Permits Survey Evidence to Support Lost Profits Damage Theory

The defendants', Roland DGA Corporation and Roland DG Corporation (collectively "Roland"), filed a motion for summary judgment against plaintiff, Gerber Scientific International, Inc. ("Gerber") regarding Gerber's claims for…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Denies Leave to Amend to Add Implied License Affirmative Defense Where Motion for Leave Was Filed Just Two Months Prior to Fact Discovery Cut-Off

Google, Inc. and YouTube, LLC (collectively "Google") filed a motion for leave to amend their answer to include an implied license affirmative defense. Because Google filed the motion to amend its answer more than two months…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Suggested Procedures and Possible Options for Accepting Minors as Investors in EB-5 Investment Funds

The delay in processing EB-5 immigrant visas caused by the increasing waiting line commonly referred to as “retrogression” is causing an increase in demand by parents in China to have their minor children named as the primary…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Immigration Law, International Law & Trade

After Halo, District Court Concludes that Jury's Finding of Willfulness Is Still Appropriate

After a jury trial finding American Technical Ceramics Corp. ("ATC) willfully infringed Presidio Component's ("Presidio") patent, ATC filed a motion for a finding of no willful infringement based on the Supreme Court's decision…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

After Inventor Dies, Patent Infringement Lawsuit Is Dismissed for Lack of Standing on Court's Own Motion

Chris Tavantzis and ChrisTrikes Custom Motorcycles, Inc. ("ChrisTrikes") filed a complaint against a number of individuals and entities that allegedly infringed on a patent for a wheelchair-accessible motorcycle (the "Wheelchair…more
| Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

District Court Denies Agreed Upon Consent Judgment and Permanent Injunction Where Parties Failed to Submit Consent and Injunction within 60 Days after Dismissal

After the parties settled the lawsuit, the district court dismissed the case without prejudice, subject to the right of any party to re-open the action within sixty days, upon good cause shown, or to submit a stipulated form of…more
| Business Torts, Civil Procedure, Civil Remedies, Intellectual Property

District Court Declines Parties Joint Motion to Sever New Defendant from Pending Action

In this patent infringement action, the parties filed a joint motion to request that the district court sever Defendant Contour, LLC ("Contour") from the case. VStream, the plaintiff, had not effected service on Contour until…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
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