The U.S. Patent Trial and Appeal Board (PTAB) has denied Petitioner’s Shenzhen Waydoo Intelligence Technology Co., Ltd.’s petition for inter partes review (IPR) and accompanying motion for joinder in a case involving MHL Custom, Inc.’s Patent No. 9,359,044 B2. The decision, issued on December 17, 2024, centers on Waydoo’s attempt…
Patent Lawyer Blog
PTAB Denies Juniper Networks’ Second IPR Petition Against Orckit Patent
The Patent Trial and Appeal Board (PTAB) has denied Juniper Networks’ second petition for inter partes review (IPR) challenging claims of Orckit Corporation’s US Patent 10,652,111, which covers deep packet inspection methods in software-defined networks. The decision, issued on December 11, 2024, was based on the Board’s discretionary powers under…
PTAB Ruling Highlights Strategic Use of Patent Disclaimers in Post-Grant Reviews
In a noteworthy decision that sheds light on the interplay between patent disclaimers and post-grant reviews, the Patent Trial and Appeal Board (PTAB) recently denied institution of a challenge to an Intex Marketing patent while declining to enter adverse judgment against the patent owner. On June 15, 2024, Bestway (USA),…
Court Refines Standards for Expert Disqualification in Patent Cases: Analysis of Vineyard Investigations v. E. & J. Gallo Winery
In a significant ruling that clarifies the standards for expert disqualification in patent litigation, the U.S. District Court for the Eastern District of California has denied E. & J. Gallo Winery’s motion to disqualify Dr. Mark Greenspan, an expert witness for Vineyard Investigations. The December 2, 2024 order provides crucial…
Protective Order Violations in High-Stakes Patent Litigation Results in Sanctions and Prosecution Bar
In a recent high-stakes patent litigation case, a protective order, filed on November 22, 2022, was put in place to safeguard confidential information during the course of the legal proceedings. The defendant asserted that the plaintiff’s legal team had struggled to adhere to the protective order’s strict guidelines. The first…
District Court Denies Motion to Compel Production of Inventor Emails in Patent Infringement Case
In a recent discovery dispute in a patent infringement case, the district court denied the defendant’s motion to compel the plaintiff to produce certain inventor emails that were withheld on the basis of the work product doctrine. The key issue was whether the plaintiff demonstrated that the emails, exchanged between…
Key Evidentiary Rulings in Acceleration Bay v. Activision
In the ongoing patent infringement case between Acceleration Bay LLC and Activision Blizzard Inc., the district court recently issued an order resolving several important evidentiary disputes between the parties. This order provides guidance on the admissibility of various categories of evidence that will impact the damages case at the upcoming…
District Court Sanctions Plaintiff for Failing to Meet and Confer on Defendants’ Motion to Dismiss Counterclaims
In a recent development in patent litigation, the district court has granted a motion to dismiss counterclaims in a case involving U.S. Patent No. 10,519,668 (“the ‘668 Patent”). The decision sheds light on the importance of adhering to meet and confer obligations, as well as the consequences of non-compliance. Background:…
Inmar Brand Solutions, Inc. v. Quotient Technology Inc.: District Court Denies Quotient’s Motion to Dismiss Under Step One of Alice
In the ongoing case of Inmar Brand Solutions, Inc. v. Quotient Technology Inc., the district court was tasked with conducting an analysis under the Supreme Court’s two-step test in Alice Corp. v. CLS Bank International to determine whether Inmar’s patented coupon-processing system, exclusively licensed from Intelligent Clearing Network, Inc. (ICN),…
District Court Grants Motion to Compel Documents That Were Clawed Back Finding that Defendant Waived Work Product Protection by Voluntarily Producing the Documents
The crux of this case revolves around a dispute over patent infringement, trade secret misappropriation, and unfair competition filed by Nielsen (or Plaintiff) against Hyphametrics (or Defendant). At the heart of the issue in this motion were specific documents – experimental reports. These reports were initially produced by Hyphametrics to…