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Articles Posted by Stan Gibson

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Softview v. Apple: District Court Grants Stay Pending Inter Partes Review Even Though It Had Denied Previous Request for Stay Pending Reexamination

In this patent infringement action, a number of the defendants moved to stay the case pending an Inter Partes Review (“IPR”) of the patent-in-suit. The district court had previously denied a motion to stay pending a previous reexamination proceeding before the patent office. In October 2012, shortly after the America…

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Motion to Amend Infringement Contentions Denied Where Plaintiff Waited Too Long After Claim Construction Ruling

Plaintiff Power Integrations, Inc. (“Power Integrations” or “PI”) filed a patent infringement action against Defendants Fairchild Semiconductor Int’l, Inc., Fairchild Semiconductor Corp. (collectively, “Fairchild”) and System General Corp. (“System General”). Power Integrations is a manufacturer of power conversion integrated circuit devices, which are used in power supplies for electronic devices…

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Carnegie Mellon v. Marvell: District Court Upholds $1.1 Billion Jury Verdict Against Marvell

Carnegie Mellon University (“CMU”) filed a patent infringement action Marvell Technology Group and Marvell Semiconductor, Inc. (“Marvell”) that alleged infringement of two CMU patents. The jury rendered a verdict in favor of CMU, finding that Marvell infringed the patents, that the patents were valid and that there was willful infringement.…

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“Order on Confusion”: District Court Orders Parties to Submit Jury Instructions “in Plain Language” or Waive Right to Jury Trial

In this patent infringement action between i-Tec Well Soultions, LLC (“i-Tec”) and Peak Completion Technologies, Inc. (“Peak”), the district court issued an unusual order as the case approached trial. With the case expected to be a jury trial, both sides were ordered to submit tailored jury instructions. The district court,…

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I/P Engine v. Google: Motion for Ongoing Royalty Granted Even Though Plaintiff Could Not Prove Entitlement to Permanent Injunctive Relief

I/P Engine, Inc. (“I/P Engine”) filed a complaint against AOL, Inc., Google, Inc., IAC Search & Media, Inc., Gannett Company, Inc. and Target Corporation (collectively “Defendants”) in which I/P Engine alleged that the Defendants infringed several of its patents. After a jury trial, the jury reached a verdict finding that…

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Tomita v. Nintendo: Remittitur or New Trial Ordered on $30M Damage Verdict Where Jury Likely Weighed Profitability of Games Rather Than the Profitability of the Accused Device

Tomita Technologies USA, LLC (“Tomita”) won a jury verdict of $30M against Nintendo in patent infringement action. The jury found that Nintendo’s 3DS infringed the patent-in-suit (the ‘664 patent) and that the ‘664 patent was not invalid. Nintendo filed several post-trial motions, including a motion for a remittitur of the…

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Stay Pending Inter Partes Review Granted Even Where Defendant Seeking Stay Had Not Initiated the Review

Plaintiff e-Watch, Inc. filed a patent infringement action against several defendants, including Defendant FLIR Systems, Inc. (“FLIR”). FLIR filed a motion to stay pending an inter partes review of the patent-in-suit by the Patent Office. In deciding to grant the stay, the district court noted that the action was at…

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Patent Acquisition Bar Precluding Plaintiff’s Counsel from Advising Any Clients on the Acquisition of Patents Granted Where Defendant Was Disclosing “Crown Jewel” Technology

In this patent infringement action, Defendant Sirius XM Radio, Inc. (“Sirius”) sought a “patent acquisition bar” against plaintiff’s counsel from Freitas Tseng & Kaufman, LLP (“Freitas”). In seeking the bar, Sirius asserted that the Freitas attorneys who would gain access to Sirius’ confidential technical information should be barred from advising…

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Motion for Leave to Amend Infringement Contentions Denied Where Plaintiff Sought to Add Thousands of New Products

Plaintiff Keranos, LLC (“Keranos”) alleged that Silicon Storage Technology (“Silicon Storage”) and other defendants infringed three related patents by manufacturing certain flash memory products. Keranos sought leave to amend its infringement contentions to add additional products that the defendants disclosed during discovery. As explained by the district court, the Eastern…

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Motion to Strike Expert Testimony Granted to Preclude Expert’s “Logic Analysis” to Determine the Physical Structure of a Circuit but Expert Permitted to Opine That Logic of Accused Circuit Corresponds to Patent

Plaintiff Cobra International, Inc. (“Cobra”) filed a patent infringement action against several defendants, including BCNY International (“BCNY”) alleging infringement of a patent for the design of lighted footwear. The defendants create children’s shoes that have a small electrical module with an integrated circuit mounted on a chip. As explained by…

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