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Patents Discovery

Patterson Belknap Webb & Tyler LLP

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

Fish & Richardson

Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims

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Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more

Patterson Belknap Webb & Tyler LLP

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

Axinn, Veltrop & Harkrider LLP

Patent Damages Procedural Fails Keep Coming

Last month I checked in on a discovery dispute regarding the timeliness of disclosing noninfringing alternatives (NIAs) in a case with only two rounds of expert reports. I noted that the problem (defendant waiting until the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024

Harris Brumfield v. IBG LLC, Appeal No. 2022-1630 (Fed. Cir. Mar. 27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three...more

Kilpatrick

5 Key Takeaways - Mitigating the Costs and Risks of Source Code and Email Discovery

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Kilpatrick’s Dean Powell and Kim Byrd recently presented “Mitigating the Costs and Risks of Source Code and Email Discovery” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions on...more

Linda Liu & Partners

How did we reverse the second trial in our favor with evidence discovery order issued? | Patent infringement case of “the fitness...

Linda Liu & Partners on

Summary of the judgment - The Court verified that the calculation method claimed by MTG Co., Ltd. was in accordance with the law and that all the data based on which it calculated the amount of compensation was available...more

Axinn, Veltrop & Harkrider LLP

Contentions & Expert Reports: A Match Made in [Someplace]

The interplay between contentions and expert reports in a patent case always requires considered judgment. The common sense rule that an expert may “expand on” but not “deviate from” a party's contentions is easy to say but...more

Axinn, Veltrop & Harkrider LLP

When Disclosure Isn't Disclosure

A patent challenger identified a witness as a person with relevant knowledge in Rule 26(a) disclosures and interrogatory responses, and the patentee deposed the witness. Surely the witness can testify at trial, right? The...more

Akin Gump Strauss Hauer & Feld LLP

Defendant’s Non-Party Status to IPRs Dooms Stay Request, Despite Agreement to Be Bound by IPR Estoppel

The Western District of Texas recently denied a defendant’s motion to stay pending inter partes review based in part on the defendant’s status as a non-party in the IPR proceedings. In doing so, the district court focused on...more

Haug Partners LLP

A U.S. View on the UPC – Part 7: “Discovery”

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On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed...more

Weintraub Tobin

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

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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

Jones Day

PTAB Denies Discovery of Draft Declaration

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On November 18, 2022, a panel of three PTAB administrative patent judges denied a Patent Owner’s Request for Additional Discovery in Twitter, Inc. v. Palo Alto Research Center Inc., IPR2021-01398. The PTAB found that...more

WilmerHale

Federal Circuit Patent Watch: Federal Circuit Affirms Decision to Impose Discovery Sanctions Against Defendant for Late Disclosure...

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Precedential Federal Circuit Opinions - 1.  ADASA INC. v. AVERY DENNISON CORPORATION [OPINION] (2022-1092, 12/16/2022) (Moore, Hughes, and Stark) - Moore, C.J. The Court affirmed in part, vacated in part, and remanded...more

McDermott Will & Emery

Tag, You’re It: Sanctions Award Must Reflect Violative Conduct

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The US Court of Appeals for the Federal Circuit determined that an accused infringer was entitled to a new trial relating to validity issues but still faced sanctions for its continuous disregard of its discovery obligations....more

Jones Day

PTAB Reiterates Requirements for Additional Discovery

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The PTAB in a recent PGR proceeding: SWM International, LLC et al v. DynaEnergetics Europe GmbH (PGR2021-00097), reiterated the requirements for additional discovery. In particular, in this matter, the petitioner, having...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2022 #3

ADASA Inc. v. Avery Dennison Corporation, Appeal No. 2022-1092 (Fed. Cir. Dec. 16, 2022) - In the Federal Circuit’s only precedential opinion this week, the Court considered issues arising from infringement litigation...more

Linda Liu & Partners

Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (II)

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III. Application of Obstruction of Evidence Production Rule in Patent Infringement Judgment - In the practice of patent infringement disputes, especially the infringement cases involving manufacturing equipment and BtoB...more

Haug Partners LLP

Foresight in Patent Litigation: How Adherence to Local Rules Can Make or Break a Case

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On September 7, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Arendi S.A.R.L v. LG Electronics, Inc., offering an important reminder to patent litigators of the necessity of following the...more

Jones Day

Motion for Additional Discovery Based on Unraised Arguments Denied

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The Patent Trial and Appeal Board (“PTAB”) recently denied a Petitioner’s Motion for Additional Discovery. Scientific Design Co., Inc. v. Shell Oil Co., IPR2021-01537, Paper 18 (PTAB Aug. 12, 2022). In an inter partes review...more

Patterson Belknap Webb & Tyler LLP

Magistrate Judge Figueredo “Shines a Light” on Discovery Standards for Potential Non-Infringing Alternatives

On August 22, 2022, Magistrate Judge Valerie Figueredo (S.D.N.Y) granted a motion by solar tracker manufacturer FCX Solar, LLC (“FCX”) to compel the production of documents relating to Defendant FTC Solar, Inc’s (“FTC”)...more

Dechert LLP

Finding MDL Ground in Venue for Hatch-Waxman Cases

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When there are multiple ANDA filers for the same drug, it may not be possible for a branded pharmaceutical company to bring Hatch-Waxman Act patent infringement suits against all of them in the same court consistent with the...more

Jones Day

Patent Owner Ordered To Produce Infringement Contentions

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On May 3, 2022, a panel of three PTAB administrative patent judges granted a motion for additional discovery in TCL Industries Holdings Co., Ltd. v. Parkervision, Inc., IPR2021-00985, (PTAB 2022), in which the PTAB deemed the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case - July 2022

Static Media LLC v. Leader Accessories LLC, Appeal No. 2021-2303 (Fed. Cir. June 28, 2022)‎ - In last week’s only precedential opinion issued in a patent case, the Federal Circuit reversed contempt and sanctions orders...more

McDermott Will & Emery

Claim Construction and Jurisdictional Discovery Are More Than Skin Deep

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Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied...more

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