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Articles Posted by Stan Gibson

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Case Dismissed After Claims Upon Which Lawsuit Was Initiated Were Cancelled During Re-Examination

Defendant Extended Disc North America, Inc. (“EDNA”) filed a motion for summary judgment of non-infringement and invalidity, and, alternatively, a motion to dismiss against plaintiff Target Training International, Ltd.’s (“TTI”). TTI had filed its complaint for patent infringement against EDNA on September 17, 2010, alleging that EDNA directly infringed at…

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Retailer Permitted to Sell Existing Inventory after Preliminary Injunction Issued against Manufacturer

After the plaintiff Cordelia Lighting, Inc. (“Cordelia”) obtained a preliminary injunction against Zhejiang Yankon Grp. (“Yankon”), Cordelia sought to add certain retailers to the injunction. Cordelia owns U.S. Patent No. 8,474,204 (“the ‘204 Patent”), which is entitled “Recessed LED Lighting Fixture” and describes a fixture designed to hold an LED…

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Claw Back of Privileged Documents Fails Where Defendants Had Used the Documents in Depositions, Expert Reports and in Briefs without Objection

Defendants filed a motion to compel Adaptix to re-produce documents that Adaptix had clawed back on the grounds of privilege. Adaptix had early produced the documents in several productions. The Defendants argued in the motion that even if Adaptix could demonstrate the documents are privileged, Adaptix waived the privilege because…

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District Court Denies Section 101 Challenge to Patent Validity Where Claims Described a Specialized System

Defendant Murphy USA Inc. (“Murphy”) filed a motion for summary judgment of invalidity as to certain claim U.S. Patent No. 6,076,071 (“the ‘071 Patent”) and one claim of U.S. Patent No. 6,513,016 (“the ‘016 Patent”) on the grounds that the patents are directed to non-patentable subject matter under 35 U.S.C…

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Supreme Court’s Decision in Teva Does Not Require Federal Circuit to Review Immaterial or Improper Fact-Finding under a Clear Error Standard

After an appeal to the Federal Circuit, Defendant Arthrex, Inc. (“Arthrex”) filed a motion to reopen the judgment under FRCP 60(b). Arthrex premised its motion on the argument that the judgment should be reopened in light of the Supreme Court’s recent holding in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.,…

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Cascades v. Samsung: Court Denies Motion to Compel Deposition of Trial Counsel but Grants Request to Produce Fee Agreement

Defendant Samsung Electronics Co. (“Samsung”) filed a motion to compel plaintiff Cascades Computer Innovation, LLC (“Cascades”) to produce additional documents and to require its trial counsel to appear for a deposition. Samsung moved to compel the deposition of Cascade’s trial counsel based on the argument that Cascades’s principal, Anthony Brown,…

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Farstone v. Apple: With “far too many disputes,” Court orders face-to-face meet and confer to resolve motion to compel

Apple filed a motion to compel discovery from Farstone Technology, Inc. (“Farstone”) by way of a Joint Stipulation as required by the court’s local rules. After the court reviewed the joint stipulation, it found that there were significant problems and that too many disputes remained for the court to resolve.…

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No Vacation in Florida: Court Orders Notice of Vacation Designation Stricken

In this patent infringement action between Natural Chemistry LP and Orenda Technologies, Inc. (“Orenda”), Orenda’s counsel filed a notice of vacation designation, which the district court characterized as a notice of unavailability. In considering the notice, the district court began by noting that “[t]he rules of this Court do not…

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District Court Orders Submission of Expert Reports on Damages to Determine Proper Usage of Entire Market Value Rule

Invista North America S.A. R.L. (“Invistia”) filed a patent infringement action against M&G USA Corporation (“M&G”). As the case progressed toward trial, both parties exchanged expert reports on damages, which implicated the entire market value rule. As explained by the Federal Circuit, the entire market value rule is derived from…

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Motion for Judgment on the Pleadings Based on Section 101 Denied Where Defendant Failed to Include Challenge in Invalidity Contentions

In this patent infringement action between Plaintiffs Good Technology Corporation and Good Technology Software, Inc. (“Good) and Defendant MobileIron, Inc. (“MobileIron”). Two months before the trial, MobileIron moved to dismiss the case based invalidity under 35 U.S.C. § 101. The court, referencing the Supreme Court’s decision in Alice, found the…

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