As the Open Text v. Box patent case gets closer to trial, Open Text sought to preclude Box from asking the jury to award damages in the form of a fully paid-up lump sum that would cover the life of the patents-in-suit. Open Text argued that such a result would…
In this patent infringement action between defendant Adobe Systems, Inc. (“Adobe”) and plaintiff Blue Spike, LLC (“Blue Spike”), Adobe filed a motion to strike the infringement contentions (“ICs”) filed by Blue Spike. In the motion, Adobe contended that Blue Spike’s ICs fail to comply with the Patent Local Rules for…
In this patent infringement action, the plaintiff filed a motion to exclude the defendants’ claim construction experts. The plaintiff’s motion was based on the argument that the defendants’ disclosures did not comply with local rules in that they did not identify the actual opinions of the experts. The district court…
After trial, HTC Corporation and HTC America, Inc. (“HTC”) filed a motion seeking to recover attorney fees and costs from plaintiff’s attorneys as well as from plaintiff Intellect Wireless, Inc. (“IW”). IW withdrew its initial opposition and conceded that the case was exceptional within the meaning of the Patent Act.…
In an earlier filed decision, the district court had previously found that Escort and its defense counsel had knowingly misled the plaintiff, Fleming, which warranted a sanction of attorney fees. As explained by the district court, “they falsely claimed that the source code identified as ESC17363 was the current operating…
In this patent infringement action, the Defendants requested that the court order a further Rule 30(b)(6) deposition of one of the deponents, Mr. Pang. In the motion, Defendants argued that Plaintiff’s counsel objected more than 300 times during the course of Mr. Pang’s deposition, and the objections impeded the fair…
In this patent infringement action, the plaintiff filed a motion for entry of a standard protective order after the defendant would not agree to sign a stipulated protective order. As explained by the district court, the plaintiffs sued defendants, alleging that they infringed on several patents. After the lawsuit was…
Plaintiffs Smartflash LLC and Smartflash Technologies Limited (collectively “Smartflash”) filed patent infringement actions against Apple, Inc. (“Apple”), Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Telecommunications America, LLC (collectively “Samsung”), HTC Corporation, HTC America, Inc., and Exedea, Inc. (collectively “HTC”) (all collectively “Defendants”) alleging infringement of several patents. Smartflash’s…
In the pending patent infringement action between Netflix and Rovi, Netflix filed a motion for summary judgment, seeking a ruling that Rovi’s patents are invalid under 35 U.S.C. § 101. After the motion was filed, the district court “advised Netflix that it was entitled to only one motion for summary…
The plaintiff, MyMedicalRecords (“MMR”), owns U.S. Patent No. 8,498,883 (the ‘883 Patent) entitled “Method for Providing a User with a Service for Accessing and Collecting Prescriptions.” MMR asserted claims 1-3 of the ‘883 Patent against Quest Diagnostics, Inc., WebMD Health Corp., WebMD Health Services Group Inc., and Allscripts Healthcare Solutions,…