Englishtown, Inc. (“Englishtown”) filed a patent infringement action against Rosetta Stone, Inc. (“Rosetta Stone”) for alleged infringement of patents pertaining to language-learning products, software, online services and practice tools. Englishtown sought leave to amend its complaint to include an allegation of willfulness based solely on post-litigation knowledge and conduct. Rosetta…
Plaintiff Biomet, Inc. (“Biomet”) filed a complaint for Declaratory Judgment against Bonutti Skeletal Innovations, LLC (“Bonutti”) seeking a declaration that the manufacture, use, or sale of Biomet’s products does not infringe on Bonutti’s patents. Bonutti filed a motion to dismiss for lack of subject matter jurisdiction pursuant to Fed. R.…
Plaintiff The Procter & Gamble Company (“Plaintiff”) filed a patent infringement action against Clio USA, Inc. (“Clio”). Plaintiff moved to compel certain opinions of counsel and other documents concerning the subject matter of those opinions. In the litigation, Clio had produced to Plaintiff copies of two abridged opinions, which were…
Plaintiff TQP Development, LLC (“TQP”) filed a patent infringement action against Adobe Systems Incorporated (“Adobe”). TQP was represented by the law firm of Russ August & Kabat in the action against Adobe (“RAK”). Based on the fact that RAK had previously represented Adobe in opinion work, Adobe moved to disqualify…
KFx Medical Corp. (“KFx”) alleged that Arthrex, Inc. (“Arthrex”) infringed three of its patents: United States Patent Number 7,585,311 (“311 Patent”), United States Patent Number 8,100,942 (“942 Patent”) and United States Patent Number 8,109,969 (“969 Patent”). All three patents share the same name: “System and Method for Attaching Soft Tissue…
After the jury returned a verdict of $5 million, the district court denied the parties’ post-judgment motions, including plaintiff’s motion for attorney’s fees, which was the only post-judgment motion filed by plaintiff. The district court then entered judgment on the jury verdict. The defendants then appealed from the judgment and…
Complainant Neptun filed a motion to quash three notices of deposition served by several respondents, specifically Satco, Maxlite, and Litetronics. Neptun sought to quash the three separate notices of deposition directed to Marzenna Bobel, the CFO of Neptun. Satco opposed the motion, and cross-moved to compel Mrs. Bobel’s deposition and…
After a jury trial in which plaintiff Summit 6 was awarded $15 million against Samsung, Summit 6 moved for an award of future, ongoing royalties to compensate it for Samsung’s continued infringement after the verdict. Summit 6’s motion was based on the argument that the jury’s verdict only compensated it…
Ball Metal Beverage Container Corp. “(Ball Metal”) filed a declaratory judgment action against CMI&J LLC (“CML&J”) for non-infringement and invalidity. CML&J moved to dismiss the action for lack of personal jurisdiction, contending that it lacked sufficient minimum contacts with Colorado. The declaratory judgment action centered on U.S. Patent No. 8,245,866…
Carnegie Mellon University (“CMU”) filed a motion for attorney fees pursuant to 35 U.S.C. Section 285, seeking attorney fees of approximately $17.2 Million as a prevailing party at the jury trial against Marvell Technology Group (“Marvell”) that resulted in a jury verdict of over $1 billion. The jury also found…