Motion To Strike

News & Analysis as of

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

When A Motion To Strike Can Be Proper

After a defendant succeeded on a Motion for a More Definite Statement, a plaintiff added more detail to the claims that had been dismissed. The defendant responded to the beefed up allegations with a Motion to Strike....more

SLAPPed Down: Washington Supreme Court Declares Anti-SLAPP Statute Unconstitutional

On May 28, the Washington Supreme Court held in Davis v. Cox that the state’s primary anti-SLAPP statute, RCW 4.24.525, violates the right to a jury trial guaranteed by the Washington Constitution. The statute, which creates...more

April Court Decision Round-Up

Note: Beginning this month, IP Law Tracker will highlight 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 of Michigan and...more

The Class Action Chronicle - Spring 2015

In This Issue: - Nexium and the Problems of Overbroad Class Actions - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to Strike/Dismiss...more

Two California State Law Claims Are Dismissed With Prejudice

Sleet, J. Defendant’s motion to strike counts 9 and 10 under California’s Anti-SLAPP Stature is granted with prejudice. Defendant’s motion to dismiss counts 9-11 is denied in part and granted in part. Plaintiff’s motion to...more

Federal Judge Strikes Class Allegations Pre-Certification and Discovery

Too many times a defendant is forced to foot the bill for costly discovery and motion practice before being able to successfully challenge class allegations. The recent decision in Bell v. Cheswick Generating Station, et al.,...more

Florida District Court Rejects Motion To Strike But Allows Pre-Certification Standing Challenge In Snack Food Labeling Case

Before class certification hearings occur in the Southern District of Florida, defendants may not challenge plaintiff’s class allegations via Rule 12(f) motions to strike but may challenge plaintiff’s standing via motions to...more

Motion to Strike "Errata Sheets" to Deposition Testimony Granted Where Plaintiff's Expert Witnesses Changed Answers from "No" to...

In this patent infringement action, the defendant filed a motion to strike the "errata sheets" to deposition testimony of two of plaintiffs' expert witnesses, Neill Luebke and Robert Sinclair. The plaintiff opposed the motion...more

50 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×