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Articles Posted in C.D. California

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Defendant’s Motion for Leave to Amend Invalidity Contentions Denied Where Defendant Failed to Show Good Cause for Amendment Based on Court Declining to Construe Certain Claims

Defendant Farpointe Data (“Farpointe”) served invalidity contentions on HID Global that identified twenty-two prior art patents, as well as many devices and publications that Farpointe alleges constitute prior art. After the invalidity contentions were served, the parties exchanged claim construction positions and a claim construction hearing was held later in…

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Motion to Dismiss Denied Where Claim for Joint Infringement Was Not At Issue in Complaint

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…

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Mark Your Products/Packaging or Lose Your Past Damages

Plaintiff filed a patent infringement action against several defendants. After the district court’s Markman decision, the parties filed cross-motions for summary judgment regarding patent infringement and the scope of damages. After denying the parties’ respective cross-motions for summary judgment, the district court addressed the defense motion for a limitation on…

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Failing to Produce Documents and False Declarations Lead to Monetary Sanctions and Evidentiary Sanctions Precluding Defendants from Contradicting Plaintiffs’ Experts on Issues of Infringement, Sales and Profits

Plaintiffs filed a lawsuit for patent infringement, unfair competition and breach of fiduciary duty against several defendants, including AIM Sports. Plaintiffs design, develop and distribute firearm related tools, accessories and sporting optics. Defendants and plaintiffs had a business relationship that permitted Defendants to access trade secret information that belonged to…

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Central District of California Court Holds That The Absence of Pinpoint Citations to Source Code In Plaintiff’s Infringement Contentions Does Not Bar Deposition Over Source Code

A recent decision from the Central District of California held that a deposition of the author of source code, or similar engineers, cannot be withheld until the producing party, i.e., the party providing the witness, is satisfied that the pinpoint infringement contentions are sufficient. In so holding, the Court indicated…

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The Federal Circuit’s Therasense Decision Is Having Its Intended Effect Of Reigning In Inequitable Conduct Claims

The Federal Circuit’s en banc decision in Therasense v. Becton, Dickinson & Co., is having its intended effect of reigning in inequitable conduct claims. In a recent decision, Judge Otero of the United States District Court for the Central District of California granted summary judgment of no unenforceability on defendant’s…

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Motion for Partial Summary Judgment of Invalidity Denied Where Means-Plus-Function Limitations Were Definite

The United States District Court for the Central District of California denied a motion for partial summary judgment finding that certain means-plus-function limitations were sufficiently definite to survive a challenge to the patent’s validity. The plaintiff filed a patent infringement action against the defendant over a patent that relates to…

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Motion to Dismiss Denied Under Bilski Where Plaintiff Contended That a Computer Programmed in a Particular Way Was the Invention Itself

Plaintiff’s complaint alleged a single count for patent infringement, which asserted that the defendant infringes its patent through the use of an online dating website. The particular feature accused is called “QuickMatch,” which notifies two users who demonstrate mutual interest in each other. The patent is directed to a computerized…

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First-Filed Declaratory Judgment Action Dismissed in California Where Florida Court Was Already Familiar with Patents-in-Suit

Plaintiff filed a declaratory judgment action in California seeking to invalidate defendant’s patents and for a declaration that it did not infringe the patents. The defendant responded by filing a patent infringement lawsuit in Florida in the same court where it had previously filed and litigated a patent infringement matter…

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Merely Stating That Testing of Potentially Infringing Products Is Expensive Is Not Good Cause To Amend Infringement Contentions Under Northern District of California’s Patent Rules

Recently, a Court in the Central District of California, applying the Patent Rules from the Northern District of California, held that the plaintiff failed to demonstrate the requisite good cause to amend its infringement contentions to add additional accused products. In particular, Plaintiff Kruse Technology Partnership (“Kruse”) sought to add…

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