April 2017 Archives

Unwired v. Apple: District Court Sanctions Unwired for Failing to Produce Supplemental Information after Remand

April 19, 2017

During this patent infringement action, Apple filed a motion for discovery sanctions based on a failure to produce documents after a remand. The parties apparently had agreed to limited discovery post-remand, but a dispute arose over whether discovery before remand should be supplemented or corrected.

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District Court Granted Voluntary Motion to Dismiss Against Named Defendant But Disallowed Reservation of Rights as to Unnamed Third Parties

April 17, 2017

In this patent infringement action, Plaintiff Wright's Well Control Services, LLC (WWCS) filed a motion to voluntarily dismiss defendant Christopher Mancini pursuant to Federal Rule of Civil Procedure 41(a)(2) with prejudice, but with a "reservation of all rights and actions against co-defendant Oceaneering International, Inc., and any other parties and solidary obligors."

Defendant Mancini opposed the reservation of rights against unnamed third parties. Mancini also moved for summary judgment on plaintiff's claims, and WWCS filed a moved for an extension of time to respond to Mancini's motion for summary judgment.

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District Court Denies Motion for Exceptional Case and for Attorney's Fees after Trial

April 5, 2017

After the defendants Ingenico S.A.'s, Ingenico Corp.'s, and Ingenico Inc.'s (the "Ingenico Defendants") prevailed at trial, the defendants filed a Motion to Declare this an Exceptional Case and For Attorney's Fees Pursuant to 35 U.S.C. ยง 285.

The district court began its analysis by noting that "[d]istrict courts may determine whether a case is 'exceptional' in the case-by-case exercise of their discretion, considering the totality of the circumstances." Octane Fitness, LLC v. ICON Health and Fitness, Inc., 134 S. Ct. 1749, 1756 (2014). Section 285 imposes 'one and only one constraint' on a district court's discretion to award attorney fees in patent litigation: the case must be 'exceptional.' Octane Fitness, 134 S. Ct. at 1755-56. The Ingenico Defendants must show exceptionality by a preponderance of the evidence. Iris Connex, LLC v. Dell, Inc., 2017 WL 365634, at *10 (E.D. Tex. Jan. 25, 2017)."

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