Motion To Strike

News & Analysis as of

Bill of costs that was untimely due to clerical error was not stricken

Jordan, J. (sitting by designation) Plaintiff’s motion for an extension to file a bill of costs is granted. Defendant’s motion to strike the bill of costs is denied....more

Blake Shelton Says Magazine Wrong About Rehab & Survives Anti-SLAPP Motion

Last year, country music superstar Blake Shelton filed suit in federal court against the creators and publishers of In Touch Weekly, bringing claims of libel per se and false light invasion of privacy after the magazine...more

A Tale of Two Orders: Different Results for Motions to Strike Class Allegations

The Southern District of California and the Northern District of Illinois recently entered orders addressing motions to strike class allegations—with very different results for the respective defendants. Although the claims...more

Solid Affirmances: Avandia Summary Judgment, and Westminster

We were not able to make our annual pilgrimage to the Westminster Kennel Club Dog Show this year, so we had to settle for watching the televised portions on the couch with the Drug and Device Law Rescued Ragamuffins. And the...more

District Court Grants Motion to Strike Damage Expert Where Damage Expert Did Not Serve Report Prior to Court Deadline

In this patent infringement suit, Defendants and Counterclaimants James Stephens and Spectrum Laboratories, LLC ("Spectrum") moved to strike the report of Plaintiff's damages expert, Robert Taylor. Spectrum argued that the...more

Actor James Woods Defeats Anonymous Tweeter’s Special Motion to Strike Defamation Suit

In July 2015, renowned film and television actor James Woods filed a $10 million defamation lawsuit against anonymous Twitter user “Abe List,” alleging that Abe List falsely accused Woods of being a cocaine addict. The...more

Court Rules On Pre-Trial Motions To Strike

Andrews, J. Three motions to strike and one motion to preclude untimely evidence from trial are granted in part, denied in part, and dismissed as moot in part. The court has ruled in plaintiffs’ favor for each issue...more

Don’t Rest on Your Laurels: The Importance of Adapting Objections to Changed Circumstances

Without a crystal ball, trial lawyers can make objections only on the basis of what has occurred or what they reasonably expect might occur based on the facts and circumstances existing at the time. Litigation, however is a...more

Federal ALJ Allows OSHA to Seek Enterprise-Wide Abatement of Hazards Discovered at One Location

OSHA inspections are usually site-specific, meaning that the agency’s authority to issue penalties and to seek abatement of workplace hazards applies to the workplace actually inspected. Last month, a federal Administrative...more

District Court Strikes Expert Opinion Testimony on Patent Subject Matter Eligibility Under Section 101

Defendants Metaswitch Networks Ltd and Metaswitch Networks Corp. ("Metaswitch") filed a motion to strike plaintiff's expert opinions of Mr. Lanning, including his opinions that the patents in suit claim patent-eligible...more

PTAB Grants Patent Owner Request for Surreply to Defend Reduction to Practice Claim - HTC Corp. v. NFC Technology, LLC

Addressing whether a patent owner may file a surreply brief in an inter partes review (IPR) proceeding, the Patent Trial and Appeal Board (PTAB or Board) granted the request, but limited the size of the surreply and the scope...more

Governmental entities and anti-SLAPP statutes

Earlier this year, in Henne v. City of Yakima, the Washington State Supreme Court held that the City of Yakima could not move under that state’s anti-SLAPP statute where it was the recipient – rather than speaker – of the...more

The Class Action Chronicle - Winter 2015

This is the 10th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Orrick's Financial Industry Week in Review

Federal Reserve, OCC, FCA, FHFA and FDIC Adopt Joint Final Rule on Swap Margin Requirements - On October 22, the Office of the Comptroller of the Currency (the "OCC"), the Federal Reserve Board (the "Board"), the Farm...more

CLAIM CONSTRUCTION “GAMESMANSHIP”? Quantum Corporation’s Expert Ordered To Sit For Further Deposition On Claim Construction

Order Re Crossroads’ Motion To Strike, Quantum Corporation v. Crossroads Systems Inc., Case No. C 14-04293 WHA (Judge William Alsup) - Expert witnesses are often used during patent claim construction to offer extrinsic...more

Motions To Strike Filed By Both Sides Are Denied

Greatbatch Ltd. v. AVX Corporation, et al., C.A. No 13-723 – LPS, September 22, 2015. Stark, C. J. Defendants’ motion to strike plaintiff’s theory of infringement is denied. Plaintiff’s motion to strike newly disclosed...more

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

District Court Denies Motion to Exclude CEO from Providing Expert Testimony on Infringement

Defendant filed a motion to strike plaintiff's expert report on infringement, asserting that the report failed to comply with Fed.R.Civ.P. 26 because, among other things, the report did not constitute a written report under...more

IP Law Tracker Docket Review

Each month, we review significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District and Western District of Michigan. Below is the...more

Equitable Conduct Affirmative Defense Is Stricken

The court finds that defendants’ inequitable conduct defense is not plausible since it is based solely on plaintiff’s failure to disclose information related to the Interference. The court finds that the BPAI terminated the...more

Third Time’s A Charm? Court Denies Motion to Dismiss and Anti-SLAPP Motion

Order Denying Defendants’ Motion to Dismiss and Anti-SLAPP Motion to Strike, Sonus Networks, Inc. v. Inventegry, Inc., C-15-0322 EMC (Judge Edward Chen) - Patent licensing company Inventegry, Inc. recently suffered some...more

Inequitable Conduct Is Sufficiently Pled

Robinson, J. Plaintiff’s renewed motion to dismiss and strike inequitable conduct allegations against Clean Harbors is granted as unopposed. Plaintiff’s renewed motion to dismiss and strike inequitable conduct allegations...more

Creative Use Of The California Anti-SLAPP Statute To Idea Submission Claims: Stay Tuned

The Purge is a motion picture in which a fictional U.S. government has established an annual twelve hour period called “the purge” in which all crime is legalized and no emergency services are available. And, for the last...more

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges

Most practitioners would agree that, if the court excludes an expert based on a Daubert challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s...more

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