Google filed a motion to strike the revised damages expert report submitted by Oracle in their continuing battle over Android. In the second expert report, Oracle’s expert “estimated damages, from 2007 through 2011, to be $201.8 million for patent infringement, $823.9 million in unjust enrichment for copyright infringement (not deducting…
Articles Posted by Stan Gibson
Implied Waiver of Attorney-Client Privilege Extends to Trial Counsel Who Consulted with Patent Prosecutor
Plaintiffs filed a patent infringement action against National Semiconductor Corporation alleging that National Semiconductor’s WEBENCH tools infringed plaintiff’s’ patent. National Semiconductor filed an amended answer and counterclaim asserting, among other things, that plaintiffs patent was invalid due to inequitable conduct based on plaintiffs’ failure to disclose material information about WEBENCH…
Hot Potato: Case Is Transferred from Florida to California and Then Back to Florida
Plaintiff filed a patent infringement action in the Middle District of Florida. Defendants filed a motion to transfer the case to the Eastern District of California. Defendants emphasized in its transfer motion that the Eastern District of California was clearly more convenient than the Middle District of Florida. Ten months…
Motion to Compel Financial Records for Products Shipped Outside of the United States Denied Where Such Sales Did Not Fall within Section 271 of the Patent Act
Internet Machines LLC (“iMac”) filed a patent infringement action against Alienware Corporation and PLX Technology, Inc. (“PLX”) and several other defendants alleging infringement of two patents pertaining to PCI Express switches. With respect to PLX, iMac moved to compel the production of various sales documentation for all sales of the…
Permanent Injunction Granted Against Verizon’s Video on Demand Service Even Though Plaintiff Was Not a Direct Competitor
After ActiveVideo Networks, Inc. (“ActiveVideo”) prevailed on a patent infringement action against Verizon Communications, Inc. (“Verizon”) before a jury, ActiveVideo moved for a permanent injunction. ActiveVideo moved to enjoin Verizon’s further use of Verizon’s Video on Demand (“VOD”) services offered through its FiOS system. Verizon opposed the motion and also…
New Trial on Damages Ordered Where Expert’s Reliance on 25% Rule Was Inappropriate in Light of Uniloc and Availability of Non-Infringing Substitute Was Not Considered
Spine Solutions, Inc. (“SSI”) sued Medtronic Sofamor Danek (“Medtronic”) for patent infringement alleging that three of Medtronic’s artificial disc implants infringed an SSI patent. The case proceeded to trial and the jury awarded $5.7 million in lost profits and an 18 percent royalty on the other infringing sales. The jury…
Apple Seeks Order Preventing Samsung’s Attorney from Participating in Further Depositions on Charges That Attorney Did Not Practice with Honesty, Care and Decorum
In the ongoing action between Apple and Samsung, Apple filed a motion for a protective order seeking to prohibit one of Samsung’s attorneys from participating in any further depositions. Alternatively, Apple sought an order restricting the attorney from engaging in particularly abusive deposition acts, including belligerent and insulting treatment of…
Leave of Court Required Before Summary Judgment Motion Can Be Filed Denied Where “Look and Feel” of a Website Was Not Indefinite
In a case pending in the United States District Court for the Eastern District of Texas, the district court entered an order that leave of court must be obtained before a summary judgment motion may be filed. Defendant filed a letter brief with the district court seeking leave to file…
Brand New Expert on Reply Precluded as Litigation Maneuver as Google’s Motion to Strike Oracle’s Expert Is Granted
Oracle served an opening damages expert report in May 2011 and it did not serve any other opening damages expert reports. Google challenged the expert report with a Daubert motion, which the district court granted in July 2011. In the order granting the Daubert motion, the district court allowed Oracle…
Lucent’s Damages Against Microsoft Keep Getting Smaller as $70 Million Is Reduced to $26 Million
In the ongoing trial over damages for several Microsoft products between Lucent and Microsoft, the United States District Court for the Southern District of California has reduced the damage award against Microsoft from $70 million to $26.3 million, plus prejudgment interest. The new trial on damages occurred after the Federal…