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Articles Posted by Stan Gibson

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eDekka Gets Decked by Finding of Exceptional Case in the Eastern District of Texas

Plaintiff eDekka LLC (“eDekka”) sued a large number of defendants in Eastern District of Texas alleging infringement of U.S. Patent No. 6,266,674 (“the ‘674 Patent”) titled “Random Access Information Retrieval Utilizing User Defined Labels.” As explained by the district court, the ‘674 Patent relates to storing and labeling information and…

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District Court Declines to Modify Claim Construction Based on PTAB Denial of IPR

Adidas AG (“Adidas”), filed a patent infringement action against Under Armour, Inc. (“Under Armour”) and MapMyFitness, Inc. (“MapMyFitness”) alleging that they infringed over a dozen patents. After Under Armour and MapMyFitness filed answers and counterclaims, the district court held a Markman Hearing and issued a claim construction order. After the…

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District Court Denies Request for Finding of Exceptional Case Where Plaintiff Pursued and Lost Motion for Preliminary Injunction

Moblize contended that TDE Petroleum Data Solutions, Inc (“TDE”) either knew or should have known that its motion for preliminary injunction was meritless and that it was brought for the improper purpose of harassing Moblize. In its motion, Moblize asserted that “TDE’s actions were plainly designed to increase the cost…

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District Court Denies Discovery Served Too Close to Discovery Cut-Off

Plaintiff filed a patent infringement action, alleging that Defendant B2B Supply and Defendant Jerrell P. Squyres (hereinafter “Defendants”) infringed U.S. Patent No. 7,731,462 (the ‘462 patent). Toward the end of discovery, the Defendants served written discovery and filed a motion seeking to extend the discovery deadline by 50 days to…

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District Court Grants Sanctions Reducing Number of 30(b)(6) Depositions, Awarding Costs to Plaintiff and with a Warning that Defendant’s Discovery Could Be Closed

In this patent infringement action, the plaintiff filed a motion for discovery sanctions. The plaintiff argued in its motion that defendant failed to comply with the district court’s October 7, 2015 oral discovery order and related text-only order, in which the district court apparently warned the defendant that failure to…

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A Snapshot of University Patent Litigation

Today’s blog is written by guest author Pedram Sameni, the CEO and Founder of Patexia. The views expressed are solely those of the contributing author. As patent litigation overall has grown rapidly since 2010, the industry has also seen a shift in some traditionally litigation averse players. University tech transfer…

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District Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Could Not Establish That It Owned All Substantial Rights to Patent and Could Not Argue Alter Ego to Establish Ownership

Plaintiff Max Sound Corporation (“Max Sound”) filed a First Amended Complaint (“FAC”) against three defendants: Google, Inc., YouTube, LLC and On2 Technologies (collectively, “Defendants”), for the infringement of Patent No. 7,974,339 (the “‘339 patent”). As part of the complaint, Max Sound also included the owner of the ‘339 patent, Vedanti…

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Motion to Dismiss for Lack of Subject Matter Jurisdiction Denied Where Complaint Alleged Sufficient Facts to Establish Injury-in-Fact

Defendant’s filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) motion, contending that Plaintiffs lacked standing because no case or controversy existed at the time Plaintiffs filed the complaint. Defendant argued that the Plaintiffs had suffered an “injury in fact.” The “injury in fact” element of standing requires “an invasion…

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Calling the “Hotline”: Witness Ordered to Answer “Who” and “When” Deposition Questions Regarding Litigation Hold Memorandum

On November 17, 2015, during a deposition of a fact witness, counsel for the plaintiff, Ericsson Inc. (“Ericsson”), attempted to question the witness regarding a litigation hold memorandum (the “memo”). Counsel for the plaintiff stated that she inquired as to the existence of such a memo, the date received, if…

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District Court Declines Request to Vacate Claim Construction Order after Parties Enter into Consent Judgment

Canvs filed a patent infringement action in 2014 asserting that Nivisys induced and contributed to the infringement of its patent through the sale of TACS and TACS-M products. After a lengthy stay, the district court held a Markman hearing and before the district court took any action related to the…

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