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Articles Posted by Stan Gibson

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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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Plaintiff Had Standing to Pursue Patent Infringement Action Against AOL and Google Where It Had Acquired All Substantial Rights to the Patent-In-Suit

Plaintiff Suffolk Technologies, LLC (“Suffolk”) brought a patent infringement action against AOL and Google. Suffolk’s complaint alleged that “AOL and Google have infringed U.S. Patent No. 6,082,835 (135 patent) entitled “Internet Server and Method of Controlling an Internet Server.” The ‘835 patent claims a method of controlling an internet server…

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Respondent’s Motion to Compel Based on Declaration from a Former Employee That Complainant’s Counsel Were in Contact with Current Employees of Respondent Was Denied Where Complainant’s Counsel Represented to ALJ That No Such Contact Had Occurred

Respondent ClearCorrect Pakistan (Private) Ltd. (“CCPL”) moved to compel complainant Align Technology, Inc. (“Align”) to produce documents and supplement responses to interrogatories. As explained by the Administrative Law Judge, “CCPL asserts that Align has provided incomplete responses to Document Request No. 9 and Interrogatory No. 13. CCPL says that Document…

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LG Moves to Compel Plaintiff to Produce Inventor Who Resides in Taiwan to Sit for a Deposition in the United States

In this patent infringement action between Industrial Technology Research Institute (“ITRI”) and LG Corporation (“LG”), LG moved to compel ITRI to make a Taiwanese citizen, who was also the inventor of the patent-in-suit, but no longer an employee of ITRI, to sit for a deposition in the United States. The…

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Court Denies Marvell’s Emergency Motion to Strike Carnegie Mellon’s Attempt to Include Noninfringing Sales of Chips That Are Never Used in the United States as Untimely and an Improper Attempt at Reconsideration

During jury selection in this patent infringement action, Marvell Technology Group, LTD (“Marvell”) filed an emergency motion to strike a portion of Carnegie Mellon’s (‘CMU”) damages. In the case, CMU asserted that Marvell infringed two of its patents directed to sequence detection in high density magnetic recording devices, specifically to…

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