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Articles Posted by Stan Gibson

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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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Allvoice v. Microsoft: Allvoice Loses Attempt to Modify Infringement Contentions after an Adverse Markman Ruling

In this patent infringement action, plaintiff Allvoice Developments US LLC (“Allvoice”) moved to amend its infringement contentions against Microsoft. Allvoice sought the amendment to incorporate changes that related to two claim constructions by the district court that differed from those asserted by Allvoice and to provide technical corrections or clarifications…

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LSI Successfully Adds Accused Products to ITC Investigation Against Funai

Complainants LSI Corporation and Agere System LLC (collectively, “LSI” or “Complainants”) filed a motion for leave to amend their amended complaint in order to clarify the scope of the accused products of Respondent Funai Electric Company (“Funai”). LSI sought to clarify that the scope of the accused products were not…

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Motion to Substitute New Entity as Plaintiff and Dismiss Original Plaintiff Denied Where Defendant Was Entitled to Direct Discovery Against Original Plaintiff

Klausner Technologies, Inc. (“Klausner Technologies”) filed a patent infringement action against Interactive Intelligence Group, Inc. (“Interactive Intelligence” or “IIG”). After the action was filed, Klausner Technologies assigned all of its interest in the patent-in-suit to IPVX Patent Holdings, Inc. (“IPVX”), including the rights to enforce the patent and to recover…

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Carnegie Mellon v. Marvell: Marvell Loses $1.17 Billion Jury Verdict and Jury Finds Marvell’s Infringement Willful After Court Precludes Marvell from Relying on Its Own Patents as a Defense

In the patent infringement action brought by Carnegie Mellon University (“Carnegie Mellon” or “CMU”) against Marvell Technology Group, LTD. (“Marvell’), the jury returned a verdict in favor of Carnegie Mellon in the amount of $1.17 billion, finding that Marvell had infringed two patents owned by Carnegie Mellon. The jury also…

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Apple v. Samsung: Samsung’s Argument Regarding Juror Misconduct Insufficient to Justify a New Trial

After the jury returned a verdict in Apple’s favor for over $1 billion in damages, Samsung moved the district court for a new trial. Samsung’s based its motion on the argument that the jury foreperson gave dishonest answers during voir dire and that interviews he gave after the verdict demonstrated…

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Apple v. Samsung: Apple Loses Bid for Permanent Injunction against Samsung Because It Cannot Show Nexus Between Harm and Patented Features

Apple suffered yet another set back in the Smartphone wars, this time losing its motion for a permanent injunction against Samsung. The district court denied the permanent injunction primarily on the ground that Apple could not show irreparable harm that would result to Apple if an injunction did not issue.…

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