The America Invents Act (the “AIA”) includes a new inter partes review (“IPR”) procedure that takes the place of the old inter partes reexamination. The new IPR procedure, called a “trial” once the petition for review is granted by the Patent Office, permits declarations, limited discovery, including depositions, and potentially…
Complainant FlashPoint Technology, Inc. (“FlashPoint”) initiated an ITC proceeding against HTC Corporation, among others. FlashPoint filed a motion for a protective order seeking to limit the discovery of electronically stored information. FlashPoint proposed a limit of 15 custodians collectively for respondents to select, which included an option to negotiate for…
After the recent global settlement between Apple and HTC, the terms of which Apple and HTC agreed to keep confidential, Samsung requested production of the agreement from Apple. Samsung moved to compel the production of the agreement. Samsung sought discovery of the agreement with HTC to support its opposition to…
Brandywine Communications Technologies, LLC (“Brandywine”) filed a patent infringement action against Cisco Systems, Inc. (“Cisco”). During the initial case management conference, the parties were given additional time to supplement their initial disclosures and were told to do so “on pain of preclusion.” Cisco contended that the damage disclosures remained inadequate…
In December 2010, plaintiff Multimedia Patent Trust (“MPT”) filed a complaint for patent infringement against several defendants, including Apple, LG and Canon. The complaint accused the defendants of infringing several patents pertaining to video compression technology. The district court subsequently granted Canon’s motion for summary judgment based on exhaustion. Prior…
With the Federal Circuit’s recent decision in Akamai Techs., Inc. v. Limelight Networks, Inc., 2012 U.S. App. LEXIS 18532 (Fed. Cir. Aug. 31, 2012), the elements for proving inducing infringement changed significantly. As a result, we can expect that a number of plaintiffs in pending patent cases will seek to…
The court previously awarded sanctions in the form of attorneys’ fees pursuant to Fed.R.Civ.P. 37 to both Samsung and Apple based on various discovery motions. Apple and Samsung both filed applications for attorneys’ fees and then objected to each other’s applications. The court found the descriptions of the attorneys’ fees,…
With a trial pending in late November in this patent infringement action, Marvell Technology Group, LTD (“Marvell”) moved to strike Carnegie Mellon University’s (“CMU”) expert report on damages. Specifically, Marvell asserted that the expert’s reference to overall price, profit or margin of the chips accused of infringement in the litigation…
Over the weekend, Apple and HTC settled all of the long running patent suits that both companies had filed against each other in multiple jurisdictions. Although few details of the settlement were released in the two sentence press release that included brief quotes from HTC and Apple, the companies did…
Defendants BRP US Inc. and Bombardier Recreational Products, Inc. (“Bombardier” or “BRP”) filed a motion to stay pending the inter partes reexamination of the patents-in-suit asserted by Polaris Industries, Inc. (“Polaris”). Polar manufactures recreational vehicles, including snowmobiles and Polaris obtained patents for rear suspension technology for snowmobiles. Polaris asserts the…