The plaintiff filed an ex parte application to be relieved of admissions that were deemed admitted for failure to respond. In analyzing the ex parte application, the district court first concluded that the plaintiff had not justified the filing of an ex parte application rather than a noticed motion. “Plaintiff…
After filing an ex parte reexamination with the Patent Office, the defendant filed a motion to stay the action pending the ex parte reexamination. In analyzing the request to stay the action, the district court noted that “[t]he decision of whether to stay this case during the potential ex parte…
In this patent infringement action, IBM filed a motion to compel production of certain documents that were withheld as privileged. IBM contend that time was of the essence when it filed its motion. The district court was not persuaded by the urgency of the request or that time “was of…
Plaintiff Ecojet, Inc. (“Ecojet”) brought a patent infringement action against Defendant Luraco, Inc. (“Luraco”) for infringement of U.S. Patent No. RE45,844 (“the ‘844 Patent”). After the litigation was pending for several months, Luraco filed a Motion for Leave to File a First Amended Answer regarding venue. In its motion, Luraco…
During the trial, the plaintiff, Arthrex, requested that the district court construe the term “proximal end” in certain of the patent-in-suit, U.S. Patent No. 8,821,541 (“the ‘541 patent”). The district court determined that the request for a claim construction was way too late. The district court began by noting that…
Tech Pharmacy filed a patent infringement action against Defendant Alixa Rx LLC and Defendant Golden Gate National Senior Care LLC d/b/a Golden LivingCenters (collectively, “Defendants”). Tech Pharmacy subsequently filed its Second Amended Complaint to add the Fillmore Defendants as named defendants with respect to the misappropriation of trade secret, breach…
The Defendants filed a motion to strike the Plaintiff’s infringement contentions, including their contentions under the doctrine of equivalents (“DOE”), for failing to comply with the Local Patent Rules (“P.R.”). The Defendants argued that the Plaintiff’s contentions did not comply with P.R. 3-1(d) because the Plaintiff made “impermissible blanket assertions…
In this discovery dispute in a patent infringement action, Frontgate contended that Balsam Brands, Inc. (“Balsam”) failed to adequately respond to an interrogatory seeking information about Balsam’s damages. As explained by the district court, Balsam’s response stated that it: (1) “intends to seek lost profits on the 1,662 Flip Trees…
Plaintiff, D Now, Inc. (D-Now), obtained an exclusive license to U.S. Patent No. 8,795,020, which claims a bubble blowing tube. D Now filed a patent infringement action against defendants TPF Toys Limited and TPF Toys LLC (collectively “TPF”). As explained by the district court, “[b]oth parties sell the bubble blowing…
Defendant Baker Hughes Incorporated (“Baker Hughes”) filed five inter partes review (“IPR”) proceedings before the Patent Trial and Appeal Board (“PTAB”) asserting that the plaintiff Lubrizol’s patents were invalid because of obviousness. Baker Hughes and a third-party, Flowchem LLC (“Flowchem”) had previously produced documents in the underlying case that they…