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Articles Posted by Stan Gibson

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District Court Orders Production of Past Testing from Prior Litigations Despite Confidentiality of Third Parties

Dexcel filed a motion to compel contending that Takeda has refused to provide any fact discovery concerning Takeda’s methods for particle size analysis used in prior litigations or underlying the data in the patents-in-suit. Dexcel asserted “that this information was relevant because it targets whether Takeda’s position as to test…

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District Court Grants Motion to Compel Responses to Interrogatories Even Though Interrogatories Contained Discrete Subpart Where There was only One Accused Product

Plaintiff Synopsys, Inc. (“Synopsys”) filed a motion to compel defendant, ATopTech, to respond to interrogatories. ATopTech opposed the motion by arguing that it had already answered Synopsys’s Set One, Interrogatory Nos. 1-5, which contained at least 21 discrete subparts. ATopTech therefore contended that it was “not required to respond to…

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District Court Orders Additional Deposition of Defendant after Witness Changed Numerous Deposition Answers in Errata

The plaintiff, Chrimar Systems Inc. and Chrimar (“Chrimar”) filed a motion to compel an additional deposition of Defendant D-Link Systems, Inc.’s (“D-Link”) corporate representative, William C. Brown. Chrimar previously took the deposition of D-Link’s corporate representative, pursuant to Federal Rule of Civil Procedure 30(b)(6). After the deposition concluded, Mr. Brown…

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District Court Warns Plaintiff That If It Narrows Its Case Too Close to Trial, It Will Have Its Trial Time Reduced

During the pretrial conference, the Plaintiff Arthrex(“Arthrex”) told the district court that it may be able to narrow its case once the district court resolved certain pending motions for summary judgment. Shortly after the pretrial conference, the district court informed the parties it would deny the parties’ motions for summary…

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District Court Orders Additional Claim Construction Briefing After Plaintiff Appeared to Argue a Different Position in Other Litigation

After the district court conducted a claim construction hearing (but before it issued an order), the district court stayed the litigation between Finjan and Symantec pending a decision by the PTAB regarding whether to institute an inter partes review (“IPR”) over the asserted patents. When the district court lifted the…

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Core Wireless v. LG: District Court Orders Enhanced Damages Based on Defendant’s Licensing Discussions

A jury returned a verdict finding that LG infringed the claims of the patent-in-suit and that the claims were not invalid. The jury also found that the infringement was willful. As a result, the district court determined whether enhanced damages were appropriate under 35 U.S.C. § 284. As explained by…

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District Court Stays Patent Litigation Pending State Court Proceedings That Will Determine Licensing Issue

In this patent infringement action, MMEI, owns U.S. patent 6,234,099 (“the ‘099 patent”). Fineline Industries, Inc. (“Fineline Inc.”) entered into a license agreement with MMEI that permitted Fineline Inc. to use the ‘099 patent for its products for the payment of royalties The agreement also provided that any change of…

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District Court Precludes Defendant from Referring to Plaintiff’s Past Settlements as “Nuisance Value” But Allows Amount of Such Settlements

As this patent infringement proceeded closer to trial, the parties filed various motions in limine. The plaintiff, PerDiemco, filed a motion in limine to preclude evidence or argument referring to PerDiem’s prior settlements as “nuisance value settlements.” The defendant, Geotab, contended that it should be permitted to refer to low-value…

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District Court Orders Plaintiff to Produce Factual Support for Infringement Contentions Regardless of Work Product Doctrine

Huawei and Blackberry filed motions to compel seeking the factual material that the plaintiff, SPH, had relied upon to support its infringement contentions. SPH opposed the motion to compel, arguing that Defendants’ requests seek the universe of documents that SPH’s litigation counsel reviewed and considered to formulate the infringement contentions.…

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Barry v. Medtronic: District Court Orders Strict Limits on Social Media Contacts with Potential Jurors

As the patent infringement case between Mark Barry, M.D. (“Barry”) and Medtronic approached trial, the district court informed the parties that it intended to provide the parties with a list of potential jurors to assist counsel in preparing for voir dire. As a result, the district court issued guidelines on…

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