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Articles Posted by Stan Gibson

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After Granting Motion for Summary Judgment on Issue of Non-Infringement, District Court Orders Parties to Proceed to Bench Trial on Inequitable Conduct Defense to Avoid the Potential of Parties Preparing for Trial a Second Time

The District Court granted Transcend’s motion for summary judgment on the issue of non-infringement and denied the patent owner’s, Glaukos’, motion on the issue of inequitable conduct. The District Court then set a bench trial on the issue of inequitable conduct. In light of these rulings, Glaukos argued that the…

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District Court Declines to Admit Denial of Petition for Inter Partes Review (“IPR”) into Evidence before Jury

In a pending patent infringement action, Apple moved to preclude the plaintiff, Wisconsin Alumni Research Foundations (“WARF”) from offering evidence or argument regarding the Patent Office’s denial of an IPR that Apple initiated. Apple relied on two prior art references as well as a declaration of Dr. Robert Colwell, who…

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District Court Denies Defendants’ Motion to Stay Pending Inter Partes Review (“IPR”) Where Third Parties Filed IPRs and Defendants Would Not Be Subject to Estoppel Provisions

In this patent infringement case, Plaintiff Signal IP, Inc. (“Signal”) alleged that Defendants Ford Motor Company (“Ford”) and Fiat Chrysler US LLC (“FCA”) (collectively “Defendants”) infringed upon six of patents. The Defendants filed a joint motion to stay all proceedings pending an inter parties review of the patents-in-suit. Defendants Ford…

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District Court Denies Motion to Reconsider Summary Judgment Eliminating Pre-Suit Damages for Failure to Mark Imported Products

The district court had previously held that no reasonable jury could find that the plaintiff Corning Optical Communications Wireless LTD (“Corning”) marked its products or otherwise complied with the marking requirements Section 287(a) of the Patent Act. Corning requested that the district court reconsider its ruling. The district court noted…

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Even though Defendant filed Disguised Daubert Motion that Court Called “Untimely” and “Lame,” the District Court Granted the Motion in Part to Exclude Expert from Opining on Legal Standards

In this patent infringement action, Defendant R/X Automation Solutions filed a motion in limine to exclude one of plaintiff’s experts. The district court concluded that the motion was an untimely Daubert motion because the district court had set a deadline for dispositive motions and Daubert motions. The district court was…

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District Court Excludes 15 Prior Art References Not Disclosed in Invalidity Contentions

In this patent infringement action, Plaintiffs filed motions in limine to exclude 15 prior art references that defendants intend to use to show the state of the art pertinent to the patents-in-suit. Defendants included the 15 references on a recent notice, but the references were not included on defendants’ third…

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Turf Wars: District Court Permits Expert to Use Replicas of Athletic Fields in Front of Jury

The plaintiffs, Fieldturf USA and Tarkett Inc. (collectively, “Fieldturf”) filed a patent infringement action against Astroturf LLC (“Astroturf”). In defense, Astroturf intended to present expert testimony on anticipation showing that certain Fieldturf technical information predated the patent-in-suit. Based on the technical information, Astroturf’s expert created replicas of the fields and…

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Court Orders Law Firm and Client Joint and Severally Liable for Part of Attorney’s Fee Award After Determination That Case Was Exceptional

The district court briefly summarized this patent infringement action that it found frivolous as follows: “In the 1990’s, Segan invented a system for people to browse the Internet. Today, Zynga makes video games that people can play while on Facebook. People don’t browse the Internet while playing Zynga games on…

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Court Declines to Stay Discovery Pending Motion to Dismiss Under Section 101 Because Court Does Not Believe That There Is an Immediate and Clear Possibility that Motion to Dismiss Will be Granted

The defendants filed a motion to stay discovery until the district court ruled upon its motion to dismiss pursuant to 35 U.S.C. § 101. In their motion to stay, Defendants asserted that its motion to stay discovery should be granted because it is a dispositive motion to dismiss that is…

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Court Orders Sanctions for Failure to Produce Source Code on a Timely Basis

Plaintiffs Ericsson Inc. and Telefonaktiebolaget LM Ericsson’s (“Ericsson”) filed a motion to compel discovery of source code and technical documents, pursuant to Local Patent Rule 3-4 in the Eastern District of Texas. As explained by the district court, Patent Local Rule 3-4 requires the party opposing a claim of infringement…

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