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Articles Posted by Stan Gibson

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Apple Files Motion for Protective Order to Stop Deposition in Progress: Court Denies the Motion and Sanctions Apple, Including a Potential Waiver of Attorney-Client Privilege and Adverse Inference Instructions to Remedy the Misconduct in Stopping the Dep

The plaintiff filed a patent infringement action against several companies, including Apple, asserting infringement of its 6,502,135 patent (the “‘135 patent”). The ‘135 patent claims systems and methods that create a VPN based on a DNS request. The plaintiff claimed that Apple attempted to patent identical ideas in its own…

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Administrative Law Judge at ITC Strikes Supplemental Expert Reports Filed without Permission

MyKey Technology Inc. initiated an ITC Investigation against several respondents, including Guidance Software, Digital Intelligence, Yec Co., Ltd.. and Cru Acquisitions. The parties served initial reports, rebuttal reports and supplemental reports in the Investigation. The procedural schedule only provided for initial expert reports and rebuttal expert reports. Nonetheless, the parties…

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Apple v. Samsung: Apple Moves to Enforce Court Orders Regarding Admissibility of Sony Designs That Samsung Failed to Disclose Timely

As the Apple v. Samsung case approached trial, Apple filed a motion to enforce prior court orders regarding the exclusion of certain Sony Designs. The motion filed by Apple presented a key issue for the court: whether documents regarding the influence of the “Sony style” on Apple’s design and development…

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Multi-District Panel Denies Transfer Where Plaintiff Had History of Licensing and Prior Actions Had Settled Early in Litigation

The patent holder, Genetic Technologies Limited (“GT”) sought centralization in the District of Colorado or, alternatively, in the Northern District of California of six actions involving the alleged infringement of a patent concerning methods of genetic testing. The six actions were pending in the Northern District of California, the District…

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Abaxis v. Cephied: Technical Expert Allowed to Testify Even Though He Had No Personal Experience with Technology but Opinions on Commercial Success and Copying Excluded

Plaintiff Abaxis, Inc. (“Abaxis”) moved to exclude the testimony of Cepheid’s technical expert because the expert had no personal experience with the technology at issue and because the expert was offering opinions on commercial success and copying. The district court granted the motion in part and denied the motion in…

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Apple v. Samsung: Third-Party Licenses Become Public and IBM’s License Data Is No Exception

The ongoing patent dispute between Apple and Samsung will have significant consequences for both companies but the impacts do not stop with just those two. During the jury trial, many third parties are likely to have data revealed about their own practices as the court has been reluctant to prohibit…

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ITC Denies Summary Determination Motion Where Respondent Filed the Motion Two Hours Past the Filing Deadline

The Respondent, Pandigital, Inc. (“Pandigital”) in this ITC investigation filed a motion for leave to file its motion for summary determination out of time. The proposed schedule in the matter required the filing of the summary determination motion by July 17, 2012. The deadline for filing documents with the ITC…

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AT&T Mobility Successfully Dismisses Claims for Direct Equivalent Infringement and Indirect Infringement

Plaintiff filed a patent infringement action again AT&T Mobility LLC (“AT&T Mobility”) for “either literally or by equivalents, and either directly or by inducement or contribution” infringing the patent-in-suit. AT&T moved to dismiss. AT&T made three arguments in its motion. First, AT&T argued that the plaintiff’s claims should be dismissed…

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Challenge to Plaintiff’s Damage Expert’s Opinion on Reasonable Royalty Successful Where Expert Relied on Hypothetical Negotiation That Would Have Resulted in Financially Catastrophic Agreement for Defendants

Defendants filed a motion to exclude the expert testimony of plaintiff’s expert on damages, including both lost profits and a reasonable royalty. The district court began its analysis by noting the Daubert standards for expert reports and then addressed the question of the reasonable royalty methodology used by plaintiff’s expert.…

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Sling Media Successfully Moves to Strike Plaintiff’s Infringement Contentions

In this patent infringement action, the plaintiff sued Sling Media over patents that relate to technology for distributed computer devices that communicate in a networked environment in a secure and efficient manner. The plaintiff served preliminary infringement contentions and Sling Media subsequently moved to strike those contentions. Sling Media asserted…

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