Plaintiff Sprint Communications Company brought suit against Defendants Comcast Cable Communications, LLC and Comcast IP Phone, LLC alleging infringement of six of its patents related to telecommunications and data networking. After the district court denied summary judgment, Sprint prevailed in a jury trial on some of the patents and Sprint…
Articles Posted by Stan Gibson
Murata v. Daifuku: District Court Denies Preliminary Injunction Motion for a Second Time After Remand from Federal Circuit Based on Pending IPR and Previously Issued Stay
In September 2013, Murata filed a patent infringement action alleging that Daifuku infringed three of its patents (the “Original Patents”). A year later, in September 2014, Murata moved to amend its Complaint to add two patents that Murata alleged were also infringed by Daifuku (the “Additional Patents”). Daifuku filed an…
EON v. Apple: District Court Permits Plaintiff to Present Technology Tutorial Through Expert Consultant Not Previously Designated
Apple filed an objection to EON’s plan to present a technology tutorial through its expert consultant. Apple asserted that the consultant was not disclosed as an expert on whom EON intended to rely upon during claim constructions, as required by the Local Patent Rules. Apple also asserted that the disclosure,…
Boston University v. Everlight: District Court Grants Immediate Appeal Over Whether Lump-Sum Royalty Award Can Be Converted to Ongoing Royalty Payments Post Verdict
After a jury awarded the Trustees of Boston University (“BU”) a $9.3 million dollar one-time lump-sum payment from Epistar and a $4 million dollar one-time lump-sum payment from Everlight, the district court denied the defendants’ motions for judgment as a matter of law and/or a new trial, other than with…
District Court Denies Apple’s Request to Add Acacia into Patent Infringement Lawsuit as Alter Ego of Plaintiff
In this patent infringement action, Apple filed a motion to add additional Acacia entities as plaintiffs in the action. Apple’s primary argue was that the Acacia entities were the alter egos of the plaintiff and that the plaintiff is undercapitalized, which would mean that Apple might be unable to collect…
District Court Denies Request for Production of Documents Provided to Prospective Litigation Funding Organizations
In this patent infringement action, the defendant sought the production of documents that the plaintif, IOENGINGE, had provided to potential companies that could fund litigation. IOENGINGED claimed that the documents were protected by the work product doctrine. The defendant sought production of the withheld documents. IOENGINE explained that the approximately…
District Court Excludes Evidence of Lost Profits Where Inventor Did Not Make Products That Practiced the Patent Even Though a Related Corporation Did
In this patent infringement action, the defendants filed a motion in limine to exclude evidence of any claimed lost profits damages alleged by the plaintiff, the inventor of the patent-in-suit. The defendants asserted that the plaintiff could not recover lost profits damages because he did not make or sell products…
District Court Grants Motion to Strike Errata Changing Deposition Answers from a “Yes” to a “No”
In this patent infringement action, the defendants filed a motion to strike an errata change to the deposition testimony of a witness, Joseph Tindall. The district court noted that if the errata were allowed, it would change an answer from “yes” to “no.” As a justification for the change, the…
District Court Precludes Defendant from Making Disparaging Remarks Directed at Patent and Trademark Office in Front of Jury But Permits Plaintiff to Make Remarks Consistent with Presumption of Validity
Core Wireless Licensing (“Core Wireless”) filed a patent infringement action against LG Electronics, Inc. (“LG”). As the matter approached trial, both parties filed motions in limine. Core Wireless filed a motion to prevent LG from making disparaging remarks regarding the Patent and Trademark Office (“PTO”) to the jury during trial.…
Jury’s Finding of Willfulness Sufficient Under Halo to Support Judgment of Willful Infringement
Sociedad Espanola de Electromedicina Y Calidad, S.A. (Sedecal) filed a patent infringement action against Blue Ridge X-Ray Company, Inc. (Blue Ridge X-Ray), DRGEM USA, Inc. (DRGEM USA), and DRGEM Corporation (DRGEM Corp.), alleging infringement of Sedecal’s U.S. Patent No. 6,642,829 (“the ‘829 Patent”). After a jury returned a verdict finding…