In this matter pending before the International Trade Commission (“ITC”), the ITC (Administrative Law Judge James Gildea) rejected the respondent’s pre-hearing statement for failing to follow ITC Ground Rule 7.1. As noted by Judge Gildea, the parties filed their respective prehearing statements on May 3, 2012. “Ground Rule 7.1 requires…
In the ongoing battle between Apple and Motorola, Motorola moved to strike portions of Apple’s supplemental expert report on damages. The district court had previously granted Apple’s request to supplement its damages expert report to address information that was disclosed between the filing of Apple’s initial damage report and the…
Bear Creek Technologies, Inc. (“Bear Creek”) is the patent holder in fourteen patent infringement actions pending in three different district courts. Bear Creek moved for centralization in the District of Delaware or, alternatively, the Eastern District of Virginia. In each of the cases, Bear Creek alleged that various telecommunications companies…
The court had previously granted Apple’s motion to compel Samsung to produce the source code for Samsung’s accused products. Apple moved to compel a second time and sought issue preclusion sanctions for Samsung’s failure to produce source code. The court decided to focus on Samsung’s failure to produce code for…
Pact XPP Technologies (“Pact”) filed a patent infringement action against Xilinx, Inc. (“Xilinx”) and other defendants. Xilinx filed a motion to exclude Pact’s expert’s testimony on inducement. Pact claimed that the defendants induced Xilinx customers to infringe the asserted patents and presented expert witness to offer an opinion that Xilinx…
In one of several patent battles that Apple is waging across the country against Google’s Android operating system, Motorola moved to exclude the testimony of one of the inventors of the patent-in-suit. As part of determining this motion, the district court, Judge Posner, requested that Apple answer several questions in…
Apple sought sanctions against Samsung pursuant to Fed.R.Civ.P. 37(b)(2) in two separate motions pertaining to alleged violations of discovery orders, including an order regarding discovery on damages. The court had initially ordered Samsung to produce two categories of documents: (1) documents from the custodial files of Samsung designers of the…
Zep Solar Inc. (“Zep”) filed a patent infringement action against several defendants. Two of the defendants, Lightway Green new Energy Company, LTD (“Lightway”) and Brightway Global LLC (“Brightway”) answered and counterclaimed with an allegation of inequitable conduct. Zep moved to strike or dismiss the counterclaim and affirmative defense. As the…
Plaintiff Homeland Houswares, LLC (“Homeland”) filed a declaratory judgment action for a declaration of non-infringement and invalidity against Sorensen Research and Development Trust (“Sorensen”). Homeland took the deposition of one of the inventors of the patent-in-suit, Mr. Paul Brown. Mr. Brown is the co-inventor of U.S. Patent No. 6,599,460 (the…
Apple noticed the depositions of several high-ranking employees at Samsung and moved to compel their depositions. As the district court explained, “Apple argues that it entitled to these depositions because each SEC witness has unique, firsthand, non-repetitive knowledge of facts and events central to this litigation. The SEC witnesses acted…