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Articles Posted by Stan Gibson

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Apple v. Samsung: The Next Round Begins in District Court with the Court Ordering the Case Streamlined Limiting Each Side to Twenty-Five Asserted Claims and Accused Products and Stating “the Court Will Not Permit the Parties to Involve over Fifty Experts

In the next round of litigation in the ongoing war between Apple and Samsung over Smartphones, the district court ordered the parties to file a joint status report to address whether the new action should be stayed pending the appeal in the prior litigation. As explained by the district court,…

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Carnegie Mellon v. Marvell: After a $1 Billion Damage Award, Marvell Loses Motion to Compel Documents for Its Laches Defense Because It Waited Too Long to File and the Court Would Not Entertain Such “Wild Goose Chases” at This Late Juncture

Carnegie Mellon University (“CMU”) filed a patent infringement action against Marvell asserting that Marvell had infringed two of its patents. Two months after the jury returned a verdict in excess of $1 Billion, Marvell filed a motion to compel certain documents based on entries on CMU’s privilege log that it…

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Apple’s Motion to Transfer Action Brought by Core Wireless Denied Where Apple Failed to Identify Specific Witnesses Who Would be Inconvenienced if the Case Were Not Transferred

Core Wireless filed an action against Apple that alleged infringement of several patents in the Eastern District of Texas. Apple moved to transfer the case pursuant to 28 U.S.C. §1404(a). As explained by the court, “Core Wireless is a corporation duly organized and existing under the laws of the Grand…

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Claim for Induced Infringement Survives after Akamai Where Inference of Intent to Induce Infringement Was “not only reasonable; it is almost inescapable”

Plaintiffs Transunion Intelligence LLC and Trans Union LLC (collectively, “Transunion”) filed a patent infringement action against Search America over two patents that are directed to a computer-implemented method and software that is used to access a person’s eligibility to receive financial assistance for healthcare services. Transunion asserted both direct infringement…

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Supreme Court’s Decision in Guam v. Minton Has Immediate Impact and Leads to Vacating of Trial so that Court Could Determine If It Had Jurisdiction over Case

In Gunn v. Minton, 2013 WL 610193 (Feb. 20, 2013), a unanimous United States Supreme Court determined that state courts can address legal malpractice disputes even though the underlying action may turn on issues involving patents. As expected, this ruling, which significantly narrowed federal court jurisdiction, is likely to impact…

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Plaintiff’s Initiation of ITC Investigation Leads to Stay of District Court Case, including Stay of Patent not Involved in ITC Investigation

Avago Technologies (“Avago”) filed a patent infringement action against IPtronics, Inc. (“IPtronics”) asserting infringement of two U.S. Patents, patent nos. 5,359,447 (the ‘447 patent) and the 6,947,456 (the ‘456 patent) in the United States District Court for the Northern District of California. After a second amended complaint was filed, Avago…

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Microsoft Invalidates Motorola’s Patent Claims Where Means-Plus-Function Limitations Were Found Indefinite

In this patent infringement action between Microsoft and Motorola, Motorola asserted certain claims of various patents against Microsoft, including claims that included “means for decoding” and “means for using” limitations. Motorola asserted that Microsoft’s Windows 7 operating system and Microsoft’s Internet Explorer 9 infringed the asserted claims of the patents-in-suit.…

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Customer Comments Admissible Over a Hearsay Objection Where Comments Could Be Used to Establish Use of an Infringing Feature

ABT Systems, LLC (“ABT”) filed an action against Emerson Electric Co. (“Emerson”). As the case proceeded to trial, the district court made some key rulings on motions in limine. In particular, the district court addressed whether customer product reviews on the Internet were admissible over a hearsay objection. As the…

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Transfer from Wisconsin to Eastern District of Texas Appropriate Where Cases Involving the Same Patent Were Proceeding in Texas

TravelClick, Inc. (“TravelClick”) filed a declaratory judgment action against defendants Variant Holdings, LLC and Variant, Inc. (“Variant”), seeking a declaration that its iHotelier online hotel reservation system did not infringe Variant’s patent number 7,626,044 (the ‘044 patent). Variant filed a motion to transfer the case to the Eastern District of…

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Watch What You Say to the Press: Statements by Executives That Design-Arounds Were Already In Place Justifies Denial of Stay of Permanent Injunction

After the jury found defendant A10 Networks (“A10”) liable for misappropriation of trade secrets and infringement of patents owned by Brocade Communications Systems, Inc. et al (“Brocade”), the court entered two permanent injunctions against A10, one that prohibited additional patent infringement and another that applied to the misappropriation of trade…

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