Plaintiff Cisco Systems, Inc. (“Cisco”) filed two declaratory judgment actions against Sprint seeking to invalidate six Sprint patents and seeking a declaration of non-infringement of seven Sprint patents. Cisco is a corporation organized and existing under the laws of the State of California, with its principal place of business in…
I am pleased to be a panel member at the Strafford webinar described below. The webinar promises to be informative – I hope you will consider joining us. – Stan Gibson Venue Transfer Strategies in Patent Litigation – How Will TC Heartland Change the Landscape? Determining Whether and When to…
In this patent infringement action, Plaintiffs filed a motion to exclude the defendant’s damage expert. The motion sought to exclude portion of the defendant’s expert report on damages, in particular the “market share reasonable royalty analysis” which was based on licenses for the patents-in-suit. As the district court explained, “the…
In this patent infringement action pending in a multi-district litigation, one of the defendants moved the district court for an order allowing the defendant to destroy old backup tapes. Defendant ICM, Inc. (“ICM”) moved for an order permitting it to destroy old backup tapes that contain electronic business information of…
In this patent infringement suit, Defendants and Counterclaimants James Stephens and Spectrum Laboratories, LLC (“Spectrum”) moved to strike the report of Plaintiff’s damages expert, Robert Taylor. Spectrum argued that the Plaintiff did not designate Mr. Taylor as an expert before the expert designation deadlines set by the district court expired.…
In this patent infringement action, Slide Fire Solutions, LP (“Slide Fire”) moved to compel discovery responses from Bump Fire Systems (“Bump Fire”). Bump Fire also requested a protective order to prevent the disclosure of certain discovery, including sensitive trade secrets and financial information. With respect to the financial information, the…
In this patent infringement action, the plaintiff asserted claims from two different patents against Apple. Apple filed an Inter Partes Review (“IPR”) with the Patent Trial and Appeal Board (“PTAB”) and moved to stay the case pending the IPR. After the district court stayed the case pending the PTAB’s decision…
My partner, Ryan Mauck, and I will be hosting a one-hour webinar on litigating indemnity provisions, which can often arise in the context of patent litigation. The webinar, taking place on March 16, is free of charge and you are invited to attend. Information about the webinar and a link…
The plaintiff, Magna, filed a motion in limine to exclude references to Inter Partes Review (“IPR”) proceedings. The defendant, TRW, filed a response, arguing that evidence was relevant to multiple issues at trial, including, but not limited to, the history of the asserted patents, prosecution history estoppel, the scope of…
After the plaintiff filed suit against the defendants for patent infringement, the defendants contended that they uncovered during discovery a series of e-mails demonstrating that in 2011, plaintiff engaged plaintiff’s attorney, Mr. Alan Fisch, to negotiate the sale of its patent portfolio to third parties. Defendants subsequently moved to compel…