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X Doesn’t Mark the Spot: Judge Halpern Denies a Motion for Summary Judgment That Alleged Failure to Comply with Marking Statute

On October 4, 2024, District Judge Philip M. Halpern (S.D.N.Y.) denied Defendant Regeneron Pharmaceuticals Inc. (“Regeneron”)’s Motion for Summary Judgment that (1) Allele was not entitled to any pre-suit infringement damages...more

To “Nonce” or Not to “Nonce”: Judge Merchant Considers Whether Patent Claims Recite “Nonce” Words Devoid of Structure

On October 11, 2024, Judge Orelia E. Merchant issued a decision construing the claims of three asserted patents in a litigation filed by Plaintiff Artec Europe S.A.R.L. (“Artec”) against Defendants Shenzhen Creality 3D Tech....more

Quit Playing Games!: Judge Woods Grants Epic Games’ Motion to Dismiss

On September 26, 2024, District Judge Gregory H. Woods (S.D.N.Y.) granted Defendant Epic Games, Inc. (“Epic Games”)’s Motion to Dismiss for failure to state a claim because Plaintiff AK Meeting IP, LLC (“AK”)’s allegations...more

Don’t Hit Send: Judge Rochon Denies Motion for Alternative Service via Email

On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by...more

Half-Zipped: Judge Chen Grants Summary Judgment of Non-Obviousness and Partial Summary Judgment of Non-Infringement on Garment...

United States District Judge Pamela K. Chen (E.D.N.Y.) recently granted Plaintiff Shaf International, Inc. (“Shaf”)’s motion for summary judgment of validity of U.S. Patent No. 10,433,598 (the “’598 Patent”) and Defendant...more

Trekkies, Rejoice: Judge Schofield Denies Motion in Limine Regarding Star Trek Materials

Judge Schofield recently resolved several motions in limine brought by Plaintiff Kewazinga Corporation in a patent infringement lawsuit against Google.  Among the most notable rulings was her denial of a motion in...more

You Snooze, You Lose: Judge Liman Grants Stay Pending Not-Yet-Instituted IPR When Plaintiff Waited Too Long to File Suit Against a...

On September 9, 2024, Judge Lewis J. Liman granted a motion to stay pending the resolution of a U.S.P.T.O. inter partes review (“IPR”) filed by Defendant Tommy John, Inc. challenging the patentability of Plaintiff Pakage...more

You Didn’t Quite Capture It – Judge Gardephe Rejects Several Allegations of Patent Infringement

On September 10, 2024, District Judge Paul G. Gardephe (S.D.N.Y.) granted in part Defendant Adobe, Inc.’s motion to dismiss for failing to plead “facts sufficient to establish infringement.”...more

Tag You’re It: Chief Judge Swain sua sponte Transfers Pro Se Patent Infringement Complaint to Delaware

Chief United States District Judge Laura Taylor Swain (S.D.N.Y.) recently transferred an action for patent infringement brought pro se by Rachel Ohana (“Ohana”) against Mars Petcare US, Inc. (“Mars Petcare”) to the United...more

Show Me the Papers!: Judge Aaron Grants Motion to Compel Document Discovery from Third-Party

United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc. (collectively “Samsung”) to compel non-party Microchip Technology...more

Third Time’s the Charm: Judge Hellerstein Denies Summary Judgment on Previously Dismissed Patent Claims Against Google

On August 22, 2024, Judge Alvin K. Hellerstein (S.D.N.Y.) denied Google LLC’s motion for summary judgment that (1) it has not infringed two asserted patents; and (2) the two patents are invalid for lack of written...more

Assigning Away Standing: Judge Choudhury Concludes that Party Lacks Standing to Correct Inventorship of Inventions Previously...

In an ongoing patent dispute between manufacturers of armored fiber optic cables, Judge Choudhury (E.D.N.Y.) recently resolved competing motions to dismiss on several grounds. In doing so, she ruled that Defendant Point 2...more

Judge Furman Declines to “Pink Slip” Infringement Lawsuit Against Work Management Tool Company

On June 21, 2024, Judge Jesse M. Furman (S.D.N.Y.) denied Monday.com Ltd. (“Monday”)’s motion to dismiss a complaint for patent infringement by plaintiff Michael Philip Kaufman. See Kaufman v. Monday.com Ltd., 23-CV-5864...more

Time May Not Be on Your Side: Judge Ho Allows the Addition of New Parties Discovered During Stay

Defendants in patent cases should be wary of the possibility that a plaintiff will attempt to add new defendants after a stay for inter partes review is lifted. In a pending case involving patents directed to “space...more

Judge Garnett “Rolls” Through and Grants Preliminary Injunction Against Sales of Accused Foam Roller Products

On June 14, 2024, Judge Margaret M. Garnett of the Southern District of New York granted a motion for a preliminary injunction in a declaratory judgment action filed by accused infringer PowX Inc., which barred the sales of...more

Look Before You Jump: Judge Ho Rules Hague Convention Applies Where Plaintiff Was Not "Reasonably Diligent" in Finding Defendants'...

On June 17, 2024, United States District Court Judge Dale E. Ho ruled on several motions related to Plaintiff Spin Master, Ltd.’s service of process on Defendants Leqiong, Monkki, Onecemore, Chenghai Lucky Boy Toys Co., Ltd....more

How Much Searching is “Non-Exhaustive”?: Judge Gardephe Invalidates Claims as Indefinite

On April 24, 2024, United States District Court Judge Paul G. Gardephe (S.D.N.Y.) construed claims of three patents asserted by Network-1 Technologies, Inc. against Google LLC and YouTube, LLC. The court found the asserted...more

Judge Ho Calls Strike Three on Plaintiff’s Subpoena to Baseball Star Bryce Harper

On April 10, 2024, Judge Dale E. Ho granted a motion to quash a third-party subpoena served on Major League Baseball player Bryce Harper in connection with a patent infringement lawsuit filed by Athalonz, LLC against Under...more

Judge Rakoff Orders Lab-Made Diamond Maker to Pay Fees for Manufacturing Fake Claims

On February 21, 2024, Judge Rakoff (S.D.N.Y) granted a defendant’s motion for attorney’s fees and costs in Carnegie Institute of Technology v. Fenix Diamonds. The Carnegie Institution for Science and its patent licensee, the...more

One Down But One to Go: Judge McMahon Concludes Asserted Patent is Not Unenforceable Through Infectious Unenforceability

On February 23, 2024, Judge McMahon (S.D.N.Y.) entered findings of fact and conclusions of law pertaining to issues relating to Defendant Lutron Electronics Co. (“Lutron”)’s defenses of invalidity and unenforceability of U.S....more

Judge McMahon Rules on Motions in Limine

On January 5, 2024, Judge McMahon (S.D.N.Y.) decided Plaintiff GeigTech East Bay LLC (“GeigTech”)’s and Defendant Lutron Electronics Co. (“Lutron”)’s motions in limine....more

Not a Party, Not a Problem: Judge Clarke Grants Intervenor’s Motion to Stay Pending Non-Party’s Inter Partes Review of the...

On January 31, 2024, Judge Jessica G. L. Clarke granted an intervenor’s motion to stay pending the conclusion of a U.S. Patent and Trademark Office inter partes review of the asserted patent that was filed by a third party....more

Knitting Together Rulings for Both Parties: Judge Subramanian Issues Claim Construction Order in Nike v. Lululemon Flyknit

On December 28, 2023, District Judge Subramanian (S.D.N.Y.) issued claim construction rulings in Nike, Inc. v. Lululemon USA Inc. on four disputed terms. The Court resolved two of the disputed terms in favor of Nike, Inc....more

Working Out Damages for Wrongful Enjoinment: Judge Rochon Provides Guidance in Exercise-Equipment Case

In a patent case brought against 163 defendants that was voluntarily dismissed by the plaintiff, Judge Rochon issued an opinion that offers guidance for defendants that have been wrongfully enjoined via an ex parte temporary...more

Judge McMahon Rejects Estoppel Argument Based on Lack of Reasonableness and Diligence in Prior Art Searching

On December 21, 2023, Judge McMahon (S.D.N.Y.) denied GeigTech East Bay LLC’s (“GeigTech”) motion to preclude Lutron Electronics Co. (“Lutron”) from raising an affirmative defense of invalidity based on 35 U.S.C. § 325(e)(2),...more

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