In this patent infringement action between Guardant and Foundation Medicine (“Foundation”), Foundation moved to exclude the testimony of Guardant’s damage expert, Dr. Becker, on reasonable royalty damages. In his opinion, Dr. Becker applied on an apportionment factor of 50% in that he asserted the patents contributed at least 50% of…
Plaintiff DivX, LLC (“DivX”) filed patent infringement actions against Netflix and Hulu asserting that both companies infringed various patents. Both defendants filed motion to stay their cases pending inter partes review (“IPR”) proceedings before the Patent Trial and Appeal Board (“PTAB”). As explained by the district court, starting in October…
Blurring the Lines: When AI Creates Art Is It Copyrightable? by Stan Gibson In October of 2018, Christie’s sold the work Portrait of Edmond de Belamy for $432,500. None of this, including the price, would be notable if not for the claimed artist. The claimed artist was not a person…
Upcoming Webinar: COVID-19 and the Case for Force Majeure in California Join us as two California business trial lawyers present “COVID-19 and the Case for Force Majeure in California” The webinar will take place on Wednesday, May 27 at 10:00 AM – 11:00 AM Pacific Time. Register now. Businesses throughout California are…
District Court Determines No Personal Jurisdiction Exists Under Rules (4)(k)(1) and (4)(k)(2) of the Federal Rules of Civil Procedure Where Plaintiff Could Show Only a Single Infringing Unit Was Sold in the State and Defendant’s Website and Other Activities Were Not Directed at Residents of the State by Stan Gibson…
Force Majeure in California: Does the COVID-19 Pandemic Qualify? A Three Part Series By Stan Gibson Part 3 – Practical Guidance: Force Majeure and the COVID-19 Pandemic See Part 1 – What Constitutes a Force Majeure See Part 2 – Asserting Force Majeure See Part 3 – Practical Guidance…
After the jury concluded that LG Electronics had willfully infringed a patent held by Mondis Technology and awarded $45 million in damages, the district court let stand the willful infringement determination but vacated the damage award of $45 million. The district court concluded that the damage award was based on…
Force Majeure in California: Does the COVID-19 Pandemic Qualify? A Three Part Series By Stan Gibson Part 2 – Asserting Force Majeure See Part 1 – What Constitutes a Force Majeure See Part 2 – Asserting Force Majeure See Part 3 – Practical Guidance When to Assert Force Majeure…
In this patent infringement action, Plaintiff intended to use a damage expert to support a “lost profits” measure of damages and/or a “reasonable royalty” measure of damages. Defendant moved to exclude the lost profits analysis because the damage expert ignored the testimony of Plaintiff’s corporate designee that contradicted his ultimate…
Force Majeure in California: Does the COVID-19 Pandemic Qualify? A Three Part Series By Stan Gibson Part 1 – What Constitutes a Force Majeure See Part 1 – What Constitutes a Force Majeure See Part 2 – Asserting Force Majeure See Part 3 – Practical Guidance Introduction The ongoing COVID-19…