In this patent infringement action between Personal Audio (“Personal Audio”) and Togi Entertainment, Inc. (“Togi”), the defendants filed a motion for summary judgment based on a license defense. They requested summary judgment “to the extent Plaintiff’s claims involve Apple software, products, systems, or services, all of which were previously licensed…
Articles Posted by Stan Gibson
Court Rejects Exhibit Lists and Objections That Would “Require a Judge to Shovel Through Steaming Mounds of Objections” and Orders Objections Waived
As this patent infringement action headed to trial, the district court scolded both parties for their exhibit lists and, in particular, the objections to the exhibit lists. The district court explained that “Affinity has submitted a 39 page list of 979 exhibits. Out of the first 360 exhibits Ford objected…
Sanctions Awarded for “Train Wreck of a Deposition” Where Witness Was Evasive and Counsel Made Inappropriate Objections
In this patent infringement action between MAG Aerospace Industries, Inc. (“MAG”) and B/E Aerospace, Inc. (“B/E”), MAG filed an ex parte motion as a result of conduct during a deposition. The court began its analysis of the motion by reminding the parties that “[a] deposition is a judicial proceeding that…
Apple v. Samsung: Samsung’s Invalidity Challenge to Apple’s Patents Denied Where Legal Theory Was Not Disclosed until after Trial
After the jury trial between Apple and Samsung, and shortly before the July 10, 2014 hearing on post-trial motions, Samsung requested leave to file supplemental briefing to argue that the asserted claims of two of Apple’s patents were invalid under 35 U.S.C. § 101, in light of the Supreme Court’s…
Court Denies Summary Judgment Motion as Premature Prior to Markman Hearing
Pipeline Technologies Inc. (“Pipeline”) filed a patent infringement action against Telog Instruments Inc. (“Telog”). Telog filed a motion for summary judgment, seeking summary judgment on the ground that the disputed claims of U.S. Patent 7,219,553 (‘553 patent) are invalid for indefiniteness under 35 U.S.C. § 112(b). As explained by the…
UGG: Default Judgment and Treble Damages Entered Against Defendant Where Defendant Failed to Participate in Discovery
Plaintiff Deckers Outdoor Corporation (“Plaintiff”) alleged that Defendants Superstar International, Inc. and Sai Liu (“Defendants”) produce, advertise, and sell products that infringe Plaintiff’s design patents for UGG boots. The district court previously ruled that default judgment was appropriate, considering both the procedural requirements of Federal Rule of Civil Procedure 55(b)…
District Court Grants Motion to Reconsider Summary Judgment Motion after Supreme Court’s Decision in Limelight v. Akamai
In this patent infringement action, FedEx moved for reconsideration after the district court had denied its motion for summary judgment regarding the plaintiff’s claim for inducing patent infringement. FedEx moved for reconsideration based on the Supreme Court’s recent decision in Limelight Networks, Inc. v. Akamai Technologies, Inc., 134 S. Ct.…
Motion to Stay Pending Inter Partes Review Denied Where Plaintiff Had Prevailed in Previous Inter Partes Review
In this patent infringement case, Plaintiff, CTP Innovations, LLC (“CTP”) sued V.G. Reed and Sons, Inc. (“Reed”) to stop Reed’s alleged infringement of two United States patents, which pertain to systems and methods of providing publishing and printing services by a communication network involving computer to plate technology. Reed moved…
Court Excludes Plaintiff’s Experts Where Experts Failed to Comply with Rule 26 Disclosures
In this patent infringement action, the defendants, Hangzhou Langhong Technology Co., Ltd. and Langhong Technology USA Inc., moved to exclude the testimony of plaintiff’s experts on infringement and damages. The district court had previously issued a scheduling order setting March 26, 2014 as the deadline for the parties to designate…
Motion to Stay Enforcement of Judgment Denied Where Defendant Was Found to be a Willful Infringer and Offered Inadequate Security
On May 16, 2014, the district court entered Judgment on a jury verdict in favor of Plaintiff Global Traffic Technologies, LLC (“GTT”) in the amount of $5,052,118, enhanced damages in the amount of $2,526,059, and prejudgment interest in the amount of $923,965, plus $1,384.14 for each day after October 31,…