Plaintiff SecureBuy, LLC (“SecureBuy”) filed a Motion to Stay Proceedings pending resolution of a Covered Business Methods (“CBM”) review at the Patent Trial and Appeals Board (“PTAB”). When the motion was stayed, the PTAB had not yet granted review of the CBM petition. Before ruling on the stay request, the…
In this patent infringement case, the district court received a number of motions to strike portions of expert reports and to exclude the testimony of certain experts. As stated by the district court, it received the following: “Defendants’ Motion to Strike Portions of the Expert Report and Exclude the Testimony…
In this patent infringement action, Potter Voice submitted an expert declaration of David Klausner for the purpose of claim construction. Microsoft moved to exclude the declaration under Fed.R.Evid. 702. The district court explained the background of the patent as follows: In 1998, United States patent number 5,729,659 (the ‘659 patent)…
Plaintiff GPNE Corporation (“GPNE”) filed a patent infringement action against Apple. As part of its case, GPNE wanted to retain two experts, Ghobad Heidari and Kamran Etemad, and Apple objected for two reasons. First, as explained by the court, Apple argued that if Heidari and Etemad are given access to…
Petitioner, BlackBerry Corporation and BlackBerry Limited (“Blackberry”), filed a petition on October 30, 2012, for an inter partes review (“IPR”) of claims 1-12 of US Patent No. 6,871,048 (“the ‟048 patent”). On March 18, 2013, the Board instituted trial on claims 1-12 of the ‟048 patent based on all grounds…
On August 11, 2010, VirnetX filed suit alleging that Apple and several other defendants infringed several U.S. Patents, which generally describe a method for transparently creating a virtual private network (“VPN”) between a client computer and a target computer or disclosing a secure domain name service. The accused products were…
Zurn Industries, Inc. (“Zurn”) moved to exclude Sloan Valve Company’s (“Sloan”) consultant witness and other testimony based on the consultant’s investigation. The patent-at-issue, U.S. Patent No. 7,607,635, entitled “Flush Valve Handle Assembly Providing Dual Mode Operation” (the “‘635 Patent”), pertains “to flush valves for use with plumbing fixtures such as…
Sonic Industry (“Sonic”) filed a patent infringement action against iRobot Corporation (“iRobot”). iRobot filed an Answer and Affirmative Defenses to the patent infringement complaint. The district court issued a memorandum order sua sponte because of some “problematic aspects of that responsive pleading.” The district court noted that iRobot had regularly…
Plantronics, Inc. (“Plantronics”) filed a patent infringement action against ALIPH, Inc. (“ALIPH”). After expert reports were submitted, ALIPH moved to exclude the expert report of Plantronics’ infringement expert. At the heart of the action is the fit of ear buds in a human ear. However, the district court found that…
In this patent infringement action between Emblaze and Apple, Apple filed a motion to stay the case pending the recent grant of certiorari in Akamai v. Limelight Networks. In Akamai, a divided en banc Federal Circuit panel held that Akamai did not have to prove that any Limelight customer directly…