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…
Articles Posted by Stan Gibson
No Ongoing Royalty Allowed Where Plaintiff Failed to Request Ongoing Royalties Before Entry of Judgment
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…
Motion to Quash Deposition Subpoena for Complainant’s CFO Denied by Administrative Law Judge Where CFO’s Deposition Was Relevant to Domestic Industry Requirement
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…
Jury’s Award of Lump Sum Royalty Precludes Plaintiffs Request for Ongoing Royalties After Trial
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…
Motion to Dismiss for Lack of Personal Jurisdiction Granted Where Supplier of Allegedly Infringing Product Sued for Declaratory Relief After Its Customer Was Sued in a Different Jurisdiction
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 v. Marvell: District Court Denies Request for $17 Million in Attorney’s Fees Without Prejudice Pending Appeal of Underlying Judgment
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…
After a Jury Found Plaintiff’s Patents Infringed and Awarded Damages, Defendants Renewed a Motion for Indefiniteness Based on Term “Look and Feel” in Patent
DDR Holdings, LLC (“DDR”) filed a patent infringement action against multiple defendants alleging infringement of U.S. patent Nos. 6,629,135 (“the ‘135 patent”) and 6,993,572 (“the ‘572 patent”). The case went to trial on October 8, 2012 against Digital River, Inc. (“Digital River, Inc. (“Digital River”), National Leisure Group, Inc., and…
SFA Systems v. Amazon: SFA Permitted to Amend Infringement Contentions Where Amendment Would Streamline Discovery and Prejudice to Amazon Would Be Minimal
SFA Systems (“SFA”) filed a patent infringement action against Amazon and twenty-six other defendants in 2011. SFA subsequently timely served its infringement contentions pursuant to the local rules in the Eastern District of Texas. After receiving discovery from Amazon, SFA requested that Amazon supplement its discovery responses to produce documents…
Motion to Enhance Ongoing Royalty Granted Based on Strength of Jury Verdict
After Syntrix Biosystems, Inc. (“Syntrix”) filed a patent infringement action against Illumina, Inc. (“Illumina”), a jury returned a verdict against Illumina for patent infringement and awarded a reasonable royalty of 6%. Syntrix subsequently filed a motion for an ongoing royalty in the amount of 9% instead of seeking a permanent…
Motion to Stay Pending Inter Partes Review Denied Where the Claim Construction Hearing Had Already Occurred
Defendant Omron Oilfield & Marine, Inc. (“Omron”) filed a motion to stay pending an Inter Partes Review that it initiated against Plaintiff’s National Oilwell Varco, L.P.’s (“NOV”) patent-in-suit. The patent-in-suit, U.S. Patent No. 5,474,142 (the ‘142 patent), is directed to automatic drilling. As the district court explained, “[o]n May 3,…