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…
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…
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…
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…
Defendants moved to dismiss a patent infringement complaint pursuant to Fed.R.Civ.P. 12(b)(6) on the theory that the complaint failed to allege facts showing that a single party performed each and every limitation of the method claim. The district court noted that “the Federal Circuit Court of Appeals has ‘instructed that…
Oracle’s damage expert was directed to submit a substitute expert report after his original report was excluded on a motion by Google because it failed to apportion the value of the asserted claims and instead used a total value of Java and Android in calculating damages. The substitute damages report…
Plaintiff Intertainer, Inc. brought an action for patent infringement against Defendant Hulu, LLC. Hulu moved to dismiss Intertainer’s first amended complaint pursuant to Fed.R.Civ.P. 12(b)(6). In the first amended complaint, Intertainer alleged infringement of a patent entitled, “Method for Interactive Video Contention Programming,” which according to the district court, “relates…
Plaintiff Internet Machines LLC (“iMac”) filed a patent infringement action against several defendants including, among others, PLX Technology, Inc., ASUS Computer International and CDW Corp. alleging infringement of three patents that pertain to PCI Express switches. PLX manufactures the accused products while the remaining defendants distribute the products, incorporate the…
Defendant filed a motion for summary judgment on lost profits challenging plaintiff’s use of the entire market value rule. Defendant contended that plaintiff had not presented sufficient evidence to go to the jury on the entire market value rule. Plaintiff asserted that the defendant was misapplying the entire market value…
Plaintiff Tyco Healthcare Group and United States Surgical Corporation moved to disqualify defendant Ethicon Endo-Surgery’s attorneys of record (the law firm of Akin Gump). Tyco based the motion to disqualify on the ground that Akin Gump had improper access to privileged and confidential information of Tyco because Akin Gump hired…