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Articles Posted by Stan Gibson

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Failure to Provide Computation of Damages in Initial Disclosures Precludes Any Evidence of Damages at Trial

In this patent infringement action, Vinotemp International (“Vinotemp”) brought suit against Wine Master Cellars, LLP (“Wine Master”). Wine Master filed a counterclaim for patent infringement. Prior to trial, Vinotemp moved to preclude Wine Master from offering evidence of damages at trial. As explained by the district court, “Vinotemp moves to…

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Judge in Northern District of California Advises Parties That Federal Circuit’s Model Order on E-Discovery Is a Presumptive Starting Point for E-Discovery Orders

Positive Technologies, Inc. (“Positive Technologies”) filed a patent infringement action against Sony Electronics and Amazon, among others. Amazon filed a motion for entry of the Federal Circuit Advisory Council’s Model Order regarding E-Discovery in Patent Cases (the “Model Order”). The Model Order provides for specific limits on e-discovery. There are…

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Allegations of Inducing Infringement Insufficient Where Plaintiff Failed to Plead Allegations Sufficient to Support an Inference of Intent to Induce Infringement

Plaintiff Benjamin Grobler (“Grobler”) filed a patent infringement action against Sony Computer Entertainment America LLC (“Sony”) alleging direct and indirect (both inducing and contributory) infringement. Grobler subsequently filed an amended complaint that removed the contributory infringement claim and asserted a claim for indirect infringement limited to inducing infringement. Sonly filed…

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Apple v. Samsung: The District Court Issues Its Final Rulings Denying Motions for New Trial and Finding No Willful Infringement; Next Stop the Federal Circuit

In a set of mixed rulings for the parties, the district court denied the parties’ motions for new trial, found Samsung did not willfully infringe Apple’s patents, invalidated certain claims of one of Samsung’s patents, denied Samsung’s motion for indefiniteness of certain of Apple’s patents and denied Apple’s motion for…

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Recommendation to Grant Motion to Dismiss for Lack of Standing Where Plaintiff Did Not Retain Sufficient Rights in Patent-in-Suit

Azure Networks, LLC and Tri-County Excelsior Foundation (“Plaintiffs,” “Azure” or “TCEF”) filed a patent infringement action against several defendants, including Qualcomm and Marvell, among others. As explained by the court, “[t]he ‘129 Patent is entitled ‘Personal Area Network with Automatic Attachment and Detachment’ and discloses a Personal Area Network (“PAN”),…

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Allegations That Patent Holder “Buried” the Patent and Trademark Office with Prior Art References Insufficient to Support Inequitable Conduct Claim

Plaintiff Parkervision, Inc. filed a patent infringement action against Qualcomm. Qualcomm answered the complaint and alleged an affirmative defense of inequitable conduct and a counterclaim that included a claim for inequitable conduct. Parkervision moved to strike the affirmative defense and the counterclaims pertaining to inequitable conduct, among other defenses and…

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Russian Company Served Through Texas Secretary of State Held Proper Service Because the Russian Federation Unilaterally Suspended All Judicial Cooperation with the United States in Civil and Commercial Matters

Blue Spike, LLC (“Blue Spike”) filed a patent infringement action against Biolink Solutions LTD. (“Biolink”) and Biometric, LLC. Biolink is a Russian company that has no offices, employees, agents, distributors or related entities in Texas, but does business in Texas according to the complaint. Blue Spike served Biolink with the…

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Brocade v. A10 Networks: Brocade Granted Permanent Injunction as It Satisfied Causal Nexus Requirement by Showing that It Practiced Its Patent, that A10 Was a Direct Competitor and that It Does Not License Its Patents

After the recent Federal Circuit decision in the Apple v. Samsung case and the district court’s application of that reasoning to find that a permanent injunction should not issue in Apple’s favor, many predicted that it would be very difficult to obtain a permanent injunction in patent cases going forward…

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Danisco v. Novozymes: Declaratory Judgment Action for Non-Infringement and Invalidity Improper and Dismissed Where Action Was Filed Prior to or Simultaneously with the Issuance of the Patent

Danisco US, Inc. (“Danisco”) filed a declaratory judgment action asserting that its Rapid Starch Liquefaction products (“RSL products”) do not infringe certain patents held by Novozymes and that the patent-in-suit is invalid. Danisco and Novoyzymes are two of the major competitors in the field of developing and supplying industrial enzymes…

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Eastern District of Texas Orders Severance of Multi-Defendant Action Sua Sponte to Avoid One “Massive” and “Unmanageable” Trial

In a patent infringement action brought by Alexsam, Inc. (“Alexsam”) against thirteen separate defendants, grouped into seven issuers of electronic gift cards, the Eastern District of Texas decided to sever the defendants as the case got closer to trial. As explained by the court, “[t]his is the sixth lawsuit that…

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