In this patent infringement action, Plaintiff intended to use a damage expert to support a “lost profits” measure of damages and/or a “reasonable royalty” measure of damages. Defendant moved to exclude the lost profits analysis because the damage expert ignored the testimony of Plaintiff’s corporate designee that contradicted his ultimate…
Acceleration Bay LLC (“Acceleration”) filed a patent infringement suit against Activision Blizzard Inc. (“Activision”) alleging that versions of its popular video games, World of Warcraft, Call of Duty, and Destiny infringed certain of its patents. The trial in the action was postponed when it was not clear as to whether…
In this patent infringement action, the plaintiff sought production of the defendant’s document retention and document destruction policies. The defendant asserted that the request sought information protected by work product and attorney-client privilege. The plaintiff argued that the documents were merely corporate policies that could not be privileged. The district…
MAX Encryption Technologies (“MAZ”) filed a patent infringement action against Blackberry for patent entitled “Method of Transparent Encryption and Decryption for an Electronic Document Management System,” U.S. Patent No. 6,185,681 (the “‘681 patent”). As the case progressed toward trial, Blackberry filed a motion to exclude the testimony of MAZ’ damages…
Plaintiff Sprint Communications Company brought suit against Defendants Comcast Cable Communications, LLC and Comcast IP Phone, LLC alleging infringement of six of its patents related to telecommunications and data networking. After the district court denied summary judgment, Sprint prevailed in a jury trial on some of the patents and Sprint…
Google, Inc. and YouTube, LLC (collectively “Google”) filed a motion for leave to amend their answer to include an implied license affirmative defense. Because Google filed the motion to amend its answer more than two months after the district court’s scheduling order’s deadline to amend the pleadings, Google had to…
Plaintiffs asserted that defendants infringed several patents. The district court bifurcated liability and damages for all four patent infringement claims. After a jury trial, the jury concluded that the patents were valid and infringed. Subsequently, after an inter partes review proceeding, the Patent Trial and Appeal Board (“PTAB”) issued a…
When this patent infringement action began, the plaintiff explained that it was concerned that it would not be able to obtain important discovery if Ricoh Company Ltd. (“RCL”), which is the parent company of the defendants, Ricoh Electronics, Inc. (“REI”) and Ricoh Americas Corp. (“RAC”) were dismissed as a party.…
In this patent infringement action, a dispute arose between Plaintiff Blackbird Tech LLC (“Blackbird”) and the defendants over the terms of proposed protective orders to govern the use of confidential information produced. Although the parties agreed that a protective order was appropriate, they disagreed on the level of access by…
As this patent infringement action proceeded to trial, Google filed a motion in limine to exclude evidence of Google’s petitions for Inter Partes Review (“IPR”) of claims of the patent-in-suit and the Patent Trial and Appeal Board’s (“PTAB”) denial of institution of those petitions. Google had previously filed petitions with…