After the parties submitted expert reports in this patent infringement action, Ford objected to Eagle Harbor’s damage expert’s expected testimony and demonstratives. Ford objected to Eagle Harbor’s evidence because it involved multiple dates of possible infringement and the damage expert only calculated his royalty rate based on one possible date…
Continental Automotive GmbH and Continental Automotive Systems, Inc. (collectively “Continental”) filed a multi-claim lawsuit against iBiquity Digital Corporation (“iBiquity”), which asserted causes of action for patent exhaustion (Count I), patent misuse (Count II), declaratory judgment of patent rights (Count III), as well as several state law claims. iBiquity moved to…
Plaintiff Ecolab Inc. (“Ecolab”) filed a patent infringement action alleging that Gurtler infringed Ecolab’s patent for “SANITIZING LAUNDRY SOUR,” United States Patent No. 6,262,013 (the “‘013 Patent”). Gurtler subsequently filed a Request for Ex Parte Reexamination of the ‘013 Patent. Gurtler then filed a motion to stay and the United…
Plaintiff Ecolab Inc. (“Ecolab”) filed a patent infringement action alleging that Gurtler infringed Ecolab’s patent for “SANITIZING LAUNDRY SOUR,” United States Patent No. 6,262,013 (the “‘013 Patent”). Gurtler subsequently filed a Request for Ex Parte Reexamination of the ‘013 Patent. Gurtler then filed a motion to stay and the United…
After the defendants moved to stay a patent infringement action pending an IPR, the district court analyzed the impact of a potential withdrawal of petitioners from the IPR. The district court began its analysis with the understanding that this was a contingency that might not occur. “The contingency of a…
Card-Monroe Corp. (“CMC”) manufactures tufting machines and equipment. CMC holds several patents that pertain to its machines and equipment. Tuftco Corp. (“Tuftco”) is a competitor of CMC, which also engages in the manufacture and sale of tufting machines. CMC filed a patent infringement action against Tuftco, and Tuftco subsequently filed…
The plaintiff, U.S. Ethernet Innovations, LLC (“USEI”), filed a patent infringement action against several defendants in the Eastern District of Texas. The district court then transferred the cases to the Northern District of California. While litigation in the Northern District of California proceeded, USEI filed another patent infringement case against…
Plaintiff NOV filed a patent infringement action asserting that defendant Omron had infringed NOV’s patent (U.S. Patent No. 5,474,142 or the ‘142 Patent). Specifically, NOV alleged Omron’s oil rig automation control system has an automatic driller function that infringes one or more claims of the ‘142 Patent. After years of…
The Plaintiff filed a motion in limine seeking the district court to preclude the Defendant from offering at trial any testimony regarding the Defendant’s opinion of counsel defense that was not disclosed during discovery. As explained by the district court, the Plaintiff also alleged that the Defendant selectively produced certain…
Barco filed a patent infringement action in September 2011 against Defendants Eizo Nanao Corporation and Eizo Nanao Technologies, Inc. (“Eizo”), alleging that Eizo infringed various claims in U.S. Patent No. 7,639,849 (the ‘849 patent). After Barco filed a reissue application with the United States Patent and Trademark Office (the “PTO”),…