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Articles Posted by Stan Gibson

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District Court Determines Settlement Agreements in Patent Litigations Are Not Protected by the Common Interest Privilege and Should be Produced

In this patent infringement action, the defendant moved to compel the production of settlement license agreements as part of its reasonable royalty analysis. The plaintiff opposed the request on the grounds that the agreements were protected by the common interest privilege and were not relevant. The district court disagreed. Turning…

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District Court Denies Motion for Summary Judgment for Failure to Meet and Confer Prior to Filing Motion

In this patent infringement action, the City of Hope filed a motion for summary judgment. The district court denied the motion without prejudice for failing to comply with the Local Rules meet and confer requirement. Central District Local Rule 7-3 provides that “counsel contemplating the filing of any motion shall…

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District Court Grants Motion for Summary Judgment for Lack of Marking Where Plaintiff Marked Packaging with Patent Numbers But Not the Product Itself

As explained by the district court, Zadro Products, Inc. (“Zadro”) sued Feit Electric Company (“Feit”) for patent infringement alleging that Feit infringed on two of Zadro’s patents: United States Patent No. 8,162,502 (“the ’502 Patent”) and United States Patent No. 8,356,908 (“the ’908 Patent”). Zadro alleged that one of Feit’s…

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District Court Extends Fact Discovery Deadline to Permit Additional Inspection of Source Code prior to Submission of Expert Reports

In this patent infringement action, Plaintiff Personalized Media Communications, LLC (“PMC”) filed a motion seeking (1) a court order compelling Defendant Netflix Inc. (“Netflix”) to provide PMC with on-site access to Netflix’s source code after the close of fact discovery or, in the alternative, (2) an extension of the fact…

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Not Patent Misuse to License U.S. Patents in Foreign Jurisdictions for “Administrative Convenience”

The defendant, IBG, contended that the plaintiff, Trading Technologies (“TT”) committed patent misuse (rendering its patents unenforceable) when it tied licenses to its U.S. patents to sales of products in foreign jurisdictions where IBG did not hold any patents. TT moved for summary judgment on the patent misuse defense. As…

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District Court Excludes Damage Expert’s Reliance on Incremental-Value Analysis

In this patent infringement action, defendant Athenahealth, Inc. (“Athenahealth”) moved to exclude the plaintiff CliniComp International Inc.’s damage expert testimony of Dr. Nisha Mody, which included a check on the reasonableness of the damage calculation based on an incremental-value analysis. As explained by the district court, Dr. “Mody’s damages model…

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Plaintiff’s Violation of Protective Order Results in $40,000 in Sanctions for Disclosing Confidential Information from U.S. Litigation in a Lawsuit in China

SIMO Holdings Inc. (“SIMO”) prevailed on its patent infringement claims against defendant Hong Kong uCloudlink Network Technology Limited (“uCloudlink”) at trial. SIMO asked the district court twice to use confidential uCloudlink documents produced in pretrial discovery in a trade secret misappropriation lawsuit in Shenzhen, China between SIMO subsidiary Skyroam Shenzhen…

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District Court Awards Attorney’s Fees After Plaintiff Filed Infringement Action Based on Patent Claims That Arose From Patent Family That Previously Had Claims Invalidated

After it prevailed on a motion for judgment on the pleadings, ShopperChoice argued that no reasonable patentee in the plaintiff’s position could have believed that Claim 11 of 261 patent covered patent eligible subject matter at the time suit was filed. ShopperChoice based its argument on the prior opinion of…

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Citrix v. Workspot: District Court Strikes Equitable Defenses Based on Knowingly False Statements

As the district court, explained the “case present[ed] the Court with a disturbing and unfortunate situation. Puneet Chawla, Defendant Workspot, Inc.’s (“Workspot”) co-founder, former Chief Technology Officer (“CTO”), and former member of the Board of Directors, sent harassing and threatening email messages to executives of Plaintiff Citrix Systems Inc. (“Citrix”),…

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Expert Testimony Stricken Where Expert Did Not Show Non-Infringing Alternatives Were Available in the United States

In this patent infringement action, DUSA Pharmaceuticals, Inc. (“DUSA”) sought to strike the testimony of Biofrontera’s expert witness, Professor Harry Moseley, for his reliance on a non-infringing alternative, the Paterson lamp. DUSA asserted that the testimony should be stricken because the Paterson lamp had never been available in the United…

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