The district court had previously granted a stay pending an inter partes reexamination by the United States Patent and Trademark Office (“PTO”) of U.S. Patent No. 6,797,454 (the “‘454 patent”). After the PTO affirmed the validity of claims 2-6, 15, and 16 of the ‘454 patent, the Federal Circuit unanimously…
The defendants produced documents in response to plaintiffs’ first set of requests for production and included in the production were five documents that the defendants were later claim were subject to attorney-client privilege. Before the defendants made that claim, however, the plaintiffs deposed a corporate designee of Defendants Musion Events…
In this patent infringement action, the defendant, Ericsson moved to compel the plaintiff, TCL, to produce bills and invoices for worked performed by TCL’s expert witnesses. TCL sought to redact the bills and invoices to eliminate statements and narratives from the bills that do not reflect compensation. Fed.R.Civ.P. 26(b)(4)(C) provides…
The plaintiff, Odyssey Wireless (“Odyssey”) filed four separate actions for patent infringement against Defendants Apple, Samsung, LG, and Motorola, alleging infringement of U.S. Patent Nos. 7,881,393; 8,199,837; 8,576,940; 8,660,169; 8,855,230; and 8,879,606. Each of the patents-in-suit lists on its face Peter D. Karabinis as the inventor and EICES Research, Inc.…
In a multi-district litigation, the district court had previously granted summary judgment in favor of the defendants on the issue of willful infringement. After the Supreme Court’s decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., the plaintiff moved to reconsider the ruling on the ground that the substantive legal…
The defendants’, Roland DGA Corporation and Roland DG Corporation (collectively “Roland”), filed a motion for summary judgment against plaintiff, Gerber Scientific International, Inc. (“Gerber”) regarding Gerber’s claims for lost profits and enhanced damages. Gerber’s claim for lost profits was based, in part, on survey evidence. The district court explained that…
Google, Inc. and YouTube, LLC (collectively “Google”) filed a motion for leave to amend their answer to include an implied license affirmative defense. Because Google filed the motion to amend its answer more than two months after the district court’s scheduling order’s deadline to amend the pleadings, Google had to…
After a jury trial finding American Technical Ceramics Corp. (“ATC) willfully infringed Presidio Component’s (“Presidio”) patent, ATC filed a motion for a finding of no willful infringement based on the Supreme Court’s decision in Halo. At the time the jury reached its verdict, the Federal Circuit’s decision in In re…
Chris Tavantzis and ChrisTrikes Custom Motorcycles, Inc. (“ChrisTrikes”) filed a complaint against a number of individuals and entities that allegedly infringed on a patent for a wheelchair-accessible motorcycle (the “Wheelchair Motorcycle Patent”). After the complaint was filed, the district court received notice of Mr. Tavantzis’ death. When no party moved…
After the parties settled the lawsuit, the district court dismissed the case without prejudice, subject to the right of any party to re-open the action within sixty days, upon good cause shown, or to submit a stipulated form of final order or judgment (the “60-Day Order”). Sixty-five days after the…