Jeffer Mangels Butler & Mitchell LLP

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

District Court Agrees to Stay Action Pending Inter Partes Review ("IPR") But Only if Defendants Agreed to Be Bound by Estoppel Provisions Even if They Withdraw from the IPR

After the defendants moved to stay a patent infringement action pending an IPR, the district court analyzed the impact of a potential withdrawal of petitioners from the IPR. The district court began its analysis with the…more
| Civil Procedure, Intellectual Property

District Court Declines to Stay Proceeding Pending Inter Partes Review Where Plaintiff and Defendant Were Direct Competitors

Card-Monroe Corp. ("CMC") manufactures tufting machines and equipment. CMC holds several patents that pertain to its machines and equipment. Tuftco Corp. ("Tuftco") is a competitor of CMC, which also engages in the manufacture…more
| Civil Procedure, Civil Remedies, Intellectual Property

Even after Jury Trial and Final Judgment in Favor of Patent Owner, Collateral Estoppel of Invalidity from a Subsequent, Other Proceeding Applies

The plaintiff, U.S. Ethernet Innovations, LLC ("USEI"), filed a patent infringement action against several defendants in the Eastern District of Texas. The district court then transferred the cases to the Northern District of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Three Strike and You are Out: District Court Grants Summary Judgment on Lack of Standing, No Infringement and Invalidates the Patent

Plaintiff NOV filed a patent infringement action asserting that defendant Omron had infringed NOV's patent (U.S. Patent No. 5,474,142 or the '142 Patent). Specifically, NOV alleged Omron's oil rig automation control system has…more
| Civil Procedure, Constitutional Law, Energy & Utilities, Intellectual Property

District Court Denies Motion in Limine Seeking to Preclude Advice of Counsel Defense Even Though Plaintiff Was not Able to Obtain Information about the Defense During Discovery

The Plaintiff filed a motion in limine seeking the district court to preclude the Defendant from offering at trial any testimony regarding the Defendant's opinion of counsel defense that was not disclosed during discovery. As…more
| Civil Procedure, Intellectual Property

District Court Denies Motion to Lift Stay Pending Inter Partes Review Even Where Plaintiff Agreed to Not Pursue Claims That Were Subject to Review

Barco filed a patent infringement action in September 2011 against Defendants Eizo Nanao Corporation and Eizo Nanao Technologies, Inc. ("Eizo"), alleging that Eizo infringed various claims in U.S. Patent No. 7,639,849 (the '849…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Rosebud v. Adobe: District Court Grants Summary Judgment of No Remedies Where Plaintiff Could Not Prove Actual Notice of Patent Application

Rosebud filed a patent infringement action Adobe and Adobe moved for summary judgment arguing that Rosebud had no remedy for its patent against Adobe. Adobe based its summary judgment motion on the argument that the…more
| Intellectual Property, Science, Computers, & Technology

Succession planning for the family-owned hospitality business

Succession planning for the family-owned hospitality business: protecting your family and your business - The hospitality industry has been kind to families over the centuries, providing a good living for many, and…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

Court Denies Motion to Stay Pending New Inter Partes Review ("IPR") Denied Where PTO Had Previously Declined to Institute an IPR on Asserted Claims and Trial Was Rapidly Approaching

The defendant, Samsung, had previously filed IPRs on several of plaintiff's patents, which were granted and denied in part. After the plaintiff reduced its asserted claims to those that the PTO had declined to institute review,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Court Continues Stay Pending Inter Partes Review Even Though PTO Declined to Institute Review on Patent

The district court had previously stayed the patent infringement action between Nidec Motor Corporation and Broad Ocean Motor pending the PTO's decision on whether to institute an inter partes review on three of the…more
| Administrative Law, Civil Procedure, Intellectual Property, Transportation

California Land Use Lawyer: Will We See CEQA Reform In 2015?

In terms of land use regulations that have far-reaching effects on development in California, the application - or misapplication - of the California Environmental Quality Act (CEQA) is near the top of the list. CEQA, when first…more
| Administrative Law, Environmental Law, Zoning, Planning & Land Use
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