Two weeks earlier, the court excluded the expert opinion and testimony of Plaintiff Golden Bridge Technology’s (“GBT”) damages expert. Nonetheless, the court gave GBT one week to submit a new report based on a new theory. After GBT met its deadline, Apple moved to exclude the second report as well.…
Echostar Satellite L.L.C. (“Echostar”) moved to compel the production of settlement agreements from the plaintiff. Several issues arose on the motion, including whether the Magistrate Judge had jurisdiction to grant the motion even though the discovery cutoff date had passed, whether a party has an obligation to supplement its prior…
In this patent infringement action, a dispute arose over whether the defendant B/E Aerospace could rely on declarations from one or more of the inventors of the asserted patent in support of its claim construction position. As explained by the district court, “[i]n the Joint Claim Construction Statement (“Joint Statement,”…
In these patent infringement actions, the defendants moved to transfer to three different district courts. As explained by the district court, “[t]here are currently six pending actions in the District of Delaware involving LifePort, LifeScreen, or both. All of the infringement cases involve technology pertaining to the field of minimally…
After the district court issued a Markman ruling, the parties informed the court that they had reached an agreement in principle to settle the action. The plaintiff, FlatWorld, then moved to vacate the claim construction order. The district court noted that it had only adopted FlatWorld’s proposed construction for one…
Plaintiff Trading Technologies International, Inc. (“TT”) moved to strike the invalidity expert report of the defendant, CQG. TT made two arguments its motion: “(1) that Dr. Mellor failed to conduct a proper written description analysis because, according to TT, he incorrectly focuses on features that are not recited in the…
Plaintiffs Versata Software, Inc. and Versata Development Group, Inc. (collectively, “Versata”) filed a patent infringement action in July 2012 against defendant Callidus Software, Inc. (“Callidus”) The patents were all characterized as “covered business method patents.” Callidus filed a challenged to the validity of the patents-in-suit in August 2013, pursuant to…
In this patent infringement action between Golden Bridge Technology, Inc. (“Golden Bridge or GBT”) against Apple, Golden Bridge’s counsel moved to withdraw as counsel of record because Golden Bridge had failed to pay the legal bills. As explained by the court, “[s]ince this case appeared on the undersigned’s docket, Plaintiff…
HTC Corporation and HTC America, Inc. (“HTC”) moved for a finding that this patent infringement action is “exceptional” under the Patent Act’s fee-shifting provision which authorizes the award of attorney fees and costs to prevailing parties in “exceptional cases.” 35 U.S.C. § 285. The district court had previously found that…
In this patent infringement action, the district court concluded that the parties were over-litigating the case and matters were only getting worse as trial got closer. “The Court’s previously stated concern that the parties are over-litigating this case is growing. 18 motions in limine were filed, and 15 were denied.…