Plaintiff filed a patent infringement lawsuit against a number of defendants in the Eastern District of Texas. Defendants moved to transfer the case to either the Central District of California or the District of Delaware. Plaintiff maintains its principal place of business in Connecticut and is incorporated in Delaware. The…
Articles Posted by Stan Gibson
Continuing Infringement Justifies Award of Supplemental Damages
ActiveVideo filed a patent infringement action against several Verizon entities asserting that Verizon infringed certain of ActiveVideo’s patents. After a three week jury trial, the jury found that Verizon infringed asserted claims of four of the patents and awarded ActiveVideo $115,000,000 in damages. After the verdict, ActiveVideo sought an award…
Bounced Check Almost Leads to the Abandonment of a Patent
The United States District Court for the District of Delaware recently ruled on the issue of whether a bounced check for the issuance of a patent could constitute abandonment of the patent. In this patent infringement action, defendants moved to dismiss for lack of subject matter jurisdiction as a result…
Sanctions Awarded Against Teva Pharmaceuticals for Continuing to Press Inequitable Conduct Defense and Counterclaim After Therasense
Pfizer filed a patent infringement action against Teva Pharmaceuticals (“Teva”) over a patent that claims the use of certain chemical compounds claimed as a method to treat erectile dysfunction. During the case, Teva filed a motion to amend its answer and counterclaims to alleged a defense and counterclaim for inequitable…
The Battle Over Android Continues: Google Succeeds in Striking Part of Oracle’s Expert Report
In August 2011, Google filed a motion to strike portions of the opening and reply expert reports of Oracle’s expert on patent infringement. Google argued that much of the report was not supported by Oracle’s infringement contentions as required by the Northern District of California’s local patent rules. The district…
Failure to Offer Evidence of Acceptable Non-Infringing Alternatives in Summary Judgment Precludes Later Offer at Trial
Plaintiff filed a patent infringement action and subsequently filed a partial motion for summary judgment. In the partial motion for summary judgment, the plaintiff contended that there were no acceptable and available, non-infringing alternatives to the claimed inventions during the relevant damage period. The district court granted the motion. Prior…
Google’s Proxy War with Apple Continues as Google Backs HTC
In the International Trade Commission (“ITC”) proceeding between Apple and HTC, Google (as well as T-Mobile) have filed briefs supporting HTC. These “friends of the court” briefs are often filed to aid the decisionmaker (in this case the ITC) in reaching a conclusion that is not only helpful to the…
Doubling of Ongoing Royalty Rate Justified by Taiwan Company’s CEO’s Comments to the Press
Plaintiff Mondis Technology LTD. (“Mondis”) filed a patent infringement action against Chimei Innolux Corp. (“Chimei”). The case proceeded to trial before a jury and the jury found a number of claims valid and infringed by Chimei. The jury also found several claims invalid and not infringed by Chimei. With respect…
Inducing Infringement Claims Dismissed Where Plaintiff Failed to Allege Intentional Inducement
Plaintiff sued defendant for patent infringement for direct and indirect infringement for the commercial sale and/or use of the defendant’s asset tracking solutions product. Defendant moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) on the ground that plaintiff failed to identify an infringing instrumentality and also failed to allege…
Apple and Samsung Preliminary Injunction Battle Heats Up As Court Rules on Discovery Dispute
The ongoing patent battles between Apple and Samsung continue to pick up speed and show no signs of slowing down anytime soon. During the summer, Apple filed a motion for a preliminary injunction on certain of its patents and the district court ordered limited initial discovery for the topics raised…