News & Analysis as of

Motion to Compel Discovery Patent Infringement

Weintraub Tobin

Court Orders Monetary Sanctions after Plaintiff Fails to Provide any Response to Allegedly Overbroad Discovery Requests

Weintraub Tobin on

In Buergofol GmbH v. Omega Liner Company, Inc., 4-22-cv-04112 (DSD Jul. 13, 2023) (Karen E. Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the plaintiff failed to respond at...more

Fish & Richardson

Minnesota Patent Litigation Wrap-Up - Q1 2022

Fish & Richardson on

This post continues our summary of substantive orders in patent litigation in the District of Minnesota. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and...more

Mintz - Intellectual Property Viewpoints

No Fishing Allowed: Discovery of Litigation Funding Requires Articulation of Relevance Beyond Speculation

A recent Memorandum Order from the District of Delaware edified the protections courts tend to give discovery concerning litigation funding. Because Defendant AT&T failed to carry its burden of demonstrating the specific...more

Harris Beach PLLC

Patent Infringement: Successful Litigation Stays the "Course"

Harris Beach PLLC on

What happens when your competitors infringe your patent for golf equipment – then declare bankruptcy to avoid paying up? In this episode, Harris Beach intellectual property (IP) attorneys share the story behind the $12...more

Akin Gump Strauss Hauer & Feld LLP

Request for Letters Rogatory Denied Due to Tardiness and Likely Delay to Trial Date

Chief Judge Gilstrap of the Eastern District of Texas has denied a motion seeking foreign discovery from a third party pursuant to the Hague Convention, holding that the movant waited too long to seek such discovery. The...more

Fox Rothschild LLP

Judge Andrews Finds Plaintiff Met Its Burden Of Establishing The Common Interest Privilege With Respect To Disputed Communications...

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Richard G. Andrews in TC Technology LLC v. Sprint Corp. et al., Civil Action 16-153-RGA (D.Del. December 13, 2018), the Court granted-in-part and denied-in-part defendants’ motion...more

Jones Day

ALJ Denies Inequitable Conduct “Fishing Expedition”

Jones Day on

In a recent order, Administrative Law Judge Lord denied Respondents CSL Behring LLC, CSL Behring GMBH, and CSL Behring Recombinant Facility AG (“CSL Behring”) motion to compel discovery from Complainants Bioverativ Inc.,...more

Fish & Richardson

Massachusetts Patent Litigation Wrap-Up – October 2017

Fish & Richardson on

This post is part of a monthly series summarizing notable activity in patent litigation in the District of Massachusetts, including short summaries of substantive orders issued in pending cases. Ethicon sued Covidien...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel...more

Knobbe Martens

Federal Circuit Review - August 2017

Knobbe Martens on

District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more

Proskauer - Minding Your Business

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,...more

Morris James LLP

Court Compels Production Of Core Technical Documents But Declines To Correct Claims In The Patents

Morris James LLP on

Fallon, M. J. Plaintiff’s motion to compel documents is granted in part and denied in part. Its motion to correct and amend its motion to compel is denied as moot. Its motion to amend its complaint is denied as moot. Its...more

Robins Kaplan LLP

Judge Hellerstein rules on a series of motions related to infringement contentions, motions to compel documents and responses to...

Robins Kaplan LLP on

Intellectual Ventures II LLC v. JP Morgan Chase & Co., et al. Case Number: 1:13-cv-03777-AKH - Judge Hellerstein resolved a number of discovery-related motions. First he found that defendants’ motion to strike...more

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