In this patent infringement action, Stryker moved to strike the expert report of Karl Storz’ (“KSEA”) infringement expert because the expert did not provide any analysis of infringement of the patent-in-suit. As explained by the district court, Karl Storz’ infringement expert’s, Mr. Gould Bear, report included six sections: (1) introduction,…
Articles Posted by Stan Gibson
District Court Grants Preliminary Injunction Requiring Defendant to Stop Inter Partes Review at Patent Office Because of Forum Selection Clause
The plaintiff Dodocase VR, Inc. filed a motion for a temporary restraining order or preliminary injunction against Defendants MerchSource, LLC (“MerchSource”) and ThreeSixty Brands Group LLC (“ThreeSixty”) (together, “Defendants”) requesting that the court order the Defendants to withdraw certain petitions filed with the Patent Trial and Appeal Board (“PTAB Petitions”).…
Ericsson v. TCL: District Court Tosses Out Damage Theory Based on Improper Use of Survey
During a jury trial, Ericsson asserted that TCL infringed claims 1 and 5 of U.S. Patent No. 7,149,510 (the “‘510 Patent”) by selling phones and devices that included the Google Android operating system. The jury found that TCL infringed claims 1 and 5, that TCL’s infringement was willful, and awarded…
Administrative Law Judge at ITC Denies Motion to Compel Non-Parties to Produce Compilations of Prior Art on Grounds that such Compilations Constitute Work Product
Feit Electric Company and Feit Electric Company, Inc. (collectively, “Feit”) filed a motion to enforce a subpoena for documents to non-parties Amerlux, LLC and Amerlux Exterior, LLC (collectively, “Amerlux”). The complainant in the ITC proceeding, Philips Lighting North America Corp. and Philips Lighting Holding B.V. (collectively, “Philips”) asserted U.S. Patent…
Special Master Recommends Deposition of Litigation Counsel Who Also Helped Prosecute Patents-in-Suit
The plaintiff filed a motion for protective order to prevent the deposition of its litigation counsel. The district court referred the motion for protective order to the special master for resolution. The special master framed the issue as whether, plaintiff’s litigation counsel, Mr. Chae should be required to provide testimony…
Fiduciary Obligation as Shareholder May Bar Challenge to Validity of Patent
GemShares LLC filed a patent infringement action against Arthur Lipton and Secured Worldwide, LLC (SWW) on U.S. Patent No. 8,706,513 B2 (the ‘513 patent). The ‘513 patent is entitled “global investment grade for natural and synthetic gems used in financial investments and commercial trading and method of creating standardized baskets…
Serving Responses to Contention Interrogatories Just before Discovery Cut-Off Justifies Sanctions
In this patent infringement case, Plaintiff and Counter-defendant Bal Seal Engineering, Inc. (“Bal Seal”) filed a joint stipulation pursuant to Local 37-2 moving to compel Defendant and Counterclaimant Nelson Products, Inc. (“NPI”) to provide further responses to Bal Seal’s Interrogatories. These included contention interrogatories (the “Contention Interrogatories”) seeking “all facts”…
Document Security Systems v. Lite-On: Willful Infringement Cannot Be Based on Mere Knowledge of the Patent
After that analysis, the district court determined that it would join the majority of “district courts in the Ninth Circuit in finding that allegations of knowledge alone are not sufficient to state a claim for willful infringement. See XpertUniverse, Inc. v. Cisco Sys., Inc., No. 17-cv-03848-RS, 2017 WL 4551519, at…
District Court Denies Request to File Certificate of Interested Parties Under Seal Where Plaintiff Wanted to Protect Identity of Litigation Funder
The plaintiff, Realtime Adaptive Streaming LLC’s (“Realtime”) filed an ex parte application to file its Certification and Notice of Interested Parties under seal (the “Application”) at the beginning of this patent infringement case. Realtime asserted that it should be permitted to file the Certification under seal in order to keep…
Defendant Precluded from Using Expert’s Deposition After Terminating Relationship with Expert
Greatbatch moved in limine to preclude the defendant, AVX, from presenting the testimony of AVX’s expert, Dr. Panlener, by deposition. The district court concluded that permitting the expert to testify would deprive Greatbatch of the opportunity to challenge Dr. Panlener’s “credibility and would be unfairly prejudicial, under the totality of…