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Articles Posted by Stan Gibson

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Court Grows Tired of Apple and Samsung’s Repeated Motions to Shorten Time: Apple v. Samsung

Samsung moved to shorten time for briefing and a hearing on a motion pertaining to an expert witness, while just a few days earlier Apple had filed a motion to shorten time on its motion relating to the production of foreign-language and other documents in advance of depositions. The court…

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Owner of 9-1-1 Network’s Motion to Compel Supplemental Infringement Contentions Denied

Plant Equipment (“Plant”) filed a patent infringement action against Intrado over a patent that describes a system and method for routing incoming calls through the use of a central data manager over a wide network to multiple call centers having multiple remote terminals. Intrado provides technology for the 9-1-1 call…

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The Battle Over Android, Oracle v. Google: Google Is Ordered to “Stand and Deliver” or Withdraw Its Patent Marking Defense

In a previous ruling in the ongoing lawsuit between Oracle and Google over Android, the district court denied Google’s motion for partial summary judgment on a defense of patent marking. In that ruling, the district court expressed concern that disputes over whether Oracle or Sun products practiced the asserted claims…

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Inventor’s Toy Glider Infringement Action Crashes to the Ground When Plaintiff Fails to Refute Evidence on Summary Judgment

Plaintiff was the inventor of a toy glider and was issued a patent in 1992. Plaintiff formed a partnership called Wingers Co. After forming Wingers, Plaintiff then sent a letter to the defendant introducing the toy glider and ultimately an agreement was entered into between Allied (the defendant), Wingers Co.…

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Judge Posner Grants Motorola’s Summary Judgment Motion of Non-Infringement for Android: Apple v. Motorola

In Apple’s patent infringement action against Motorola, Apple claimed that certain Motorola devices running the Android operating system infringe two of its network component patents. Motorola moved for summary judgment. According to the district court, “Claim 1 of the ‘486 patent describes ‘replaceable…component’s]’ in a layered computing system. (The ‘852…

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Court Orders Depositions in Taiwan to Overcome Procedural Obstacles in Japan

Plaintiff Gerber Scientific International (“Gerber”) filed a patent infringement action against Roland DGA Corporation (“Roland”), asserting that Roland infringed Gerber’s patent covering a method and apparatus for computerized graphic production. Roland filed a motion for protective order with respect to the depositions of three of its Japanese employees and its…

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Taser’s Contempt Motion Denied Where Colorable Differences Existed Between Infringing Product and Newly Accused Product

After the district court found that defendant’s electronic control device literally infringed certain claims of a patent owned by Taser and denied defendant’s summary judgment motion on defendant’s claims of invalidity and unenforceability, Taser filed a motion for contempt and an application for an order to show cause. In its…

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The Battle over Android, Oracle v. Google: Court Allows Third Chance for Oracle’s Damage Expert to Take a Bite out of Google But Makes Oracle Pay for the Chance

In the ongoing saga over Oracle’s lawsuit against Google, the district court has allowed Oracle’s damage expert another chance to fix its damage report. The district court had previously stricken Oracle’s damage expert report on two previous occasions but allowed Oracle’s damage expert a third chance. Before addressing the damage…

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Court Sinks Two Moms and a Toy’s Attempt to Modify Expert Schedule in Patent Battle over Bath Toy

Plaintiff, Two Moms and a Toy, filed an emergency motion to stay the expert phase of their case pending the court’s ruling on claim construction. The plaintiff’s motion was based on the argument that “expert reports and expert discovery in a patent infringement case is extremely expensive and that a…

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Microsoft and Google Strike Back: Declaratory Judgment Action Remains in Delaware Even Though Defendant Had Sued 450 Microsoft and Google Customers in Texas

Microsoft and Google sued Geotag in the District of Delaware for a declaration that their customers did not infringe a Geotag patent, “Internet Organizer for Accessing Geographically and Topically Based Information,” and that the patent was invalid. Geotag had sued in excess of 450 companies in the Eastern District of…

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