Jeffer Mangels Butler & Mitchell LLP

EON v. Apple: District Court Permits Plaintiff to Present Technology Tutorial Through Expert Consultant Not Previously Designated

Apple filed an objection to EON's plan to present a technology tutorial through its expert consultant. Apple asserted that the consultant was not disclosed as an expert on whom EON intended to rely upon during claim…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Boston University v. Everlight: District Court Grants Immediate Appeal Over Whether Lump-Sum Royalty Award Can Be Converted to Ongoing Royalty Payments Post Verdict

After a jury awarded the Trustees of Boston University ("BU") a $9.3 million dollar one-time lump-sum payment from Epistar and a $4 million dollar one-time lump-sum payment from Everlight, the district court denied the…more
| Civil Procedure, Civil Remedies, Intellectual Property

A Primer on EB-5 and Key Issues in its Renewal

What is the EB-5 Immigrant Investor Visa Program? The EB-5 immigrant investment visa program provides a “fast track” to obtain permanent U.S. residency (a “green card”) to qualified foreign investors who satisfy specified…more
| Finance & Banking, Immigration Law, Real Estate - Residential, Securities Law, Real Estate - Commercial

Why NOW may be the best time for developers to start EB-5 financing

Is there a serious risk that EB-5 will expire September 30, 2016? Anything is possible when Congress is in session, but none of the experts we talk to believe that the EB-5 program will be allowed to lapse…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, Immigration Law, Securities Law

District Court Denies Apple's Request to Add Acacia into Patent Infringement Lawsuit as Alter Ego of Plaintiff

In this patent infringement action, Apple filed a motion to add additional Acacia entities as plaintiffs in the action. Apple's primary argue was that the Acacia entities were the alter egos of the plaintiff and that the…more
| Business Organizations, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Pre-immigration and Non-U.S. Resident Planning

Foreign individuals who intend to permanently reside in the U.S., or do not intend to reside in the U.S. but intend to own U.S. property, need considerable legal and tax planning. The definition of “U.S. property” for…more
| Immigration Law, Taxation, Wills, Trusts, & Estate Planning

Important news for family-held businesses: IRS proposes imminent changes in family valuation discounts

On August 2, 2016, the Treasury Department issued Proposed Regulations to Section 2704 of the Internal Revenue Code. These proposed regulations are directed at family controlled entities (many of which hold operating businesses…more
| Business Organizations, Securities Law, Taxation, Wills, Trusts, & Estate Planning

District Court Denies Request for Production of Documents Provided to Prospective Litigation Funding Organizations

In this patent infringement action, the defendant sought the production of documents that the plaintif, IOENGINGE, had provided to potential companies that could fund litigation. IOENGINGED claimed that the documents were…more
| Civil Procedure, Intellectual Property

District Court Excludes Evidence of Lost Profits Where Inventor Did Not Make Products That Practiced the Patent Even Though a Related Corporation Did

In this patent infringement action, the defendants filed a motion in limine to exclude evidence of any claimed lost profits damages alleged by the plaintiff, the inventor of the patent-in-suit. The defendants asserted that the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Grants Motion to Strike Errata Changing Deposition Answers from a "Yes" to a "No"

In this patent infringement action, the defendants filed a motion to strike an errata change to the deposition testimony of a witness, Joseph Tindall. The district court noted that if the errata were allowed, it would change an…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Precludes Defendant from Making Disparaging Remarks Directed at Patent and Trademark Office in Front of Jury But Permits Plaintiff to Make Remarks Consistent with Presumption of Validity

Core Wireless Licensing ("Core Wireless") filed a patent infringement action against LG Electronics, Inc. ("LG"). As the matter approached trial, both parties filed motions in limine. Core Wireless filed a motion to prevent LG…more
| Civil Remedies, Intellectual Property

Jury's Finding of Willfulness Sufficient Under Halo to Support Judgment of Willful Infringement

Sociedad Espanola de Electromedicina Y Calidad, S.A. (Sedecal) filed a patent infringement action against Blue Ridge X-Ray Company, Inc. (Blue Ridge X-Ray), DRGEM USA, Inc. (DRGEM USA), and DRGEM Corporation (DRGEM Corp.),…more
| Civil Procedure, Civil Remedies, Intellectual Property

District Court Denies Motion to Lift Stay Even after Federal Circuit Affirms PTAB's Decision Upholding Claims of Patent-in-Suit Because Petition for Certiorari Was Pending before Supreme Court

The district court had previously granted a stay pending an inter partes reexamination by the United States Patent and Trademark Office ("PTO") of U.S. Patent No. 6,797,454 (the "'454 patent"). After the PTO affirmed the…more
| Civil Procedure, Intellectual Property

After Defendant Seeks to Claw Back Attorney-Client Privileged Documents, District Court Determines Privileged Waived (Including Work Product) Because Witness Gave Testimony Regarding Privileged Documents at Deposition

The defendants produced documents in response to plaintiffs' first set of requests for production and included in the production were five documents that the defendants were later claim were subject to attorney-client privilege…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
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