Zurn Industries, Inc. (“Zurn”) moved to exclude Sloan Valve Company’s (“Sloan”) consultant witness and other testimony based on the consultant’s investigation. The patent-at-issue, U.S. Patent No. 7,607,635, entitled “Flush Valve Handle Assembly Providing Dual Mode Operation” (the “‘635 Patent”), pertains “to flush valves for use with plumbing fixtures such as…
Orbit Irrigation Products (“Orbit”) filed a patent infringement action against Sunhills International (“Sunhills”). After the completion of certain discovery, Sunhills filed a motion to compel. Sunhills contended that Orbit had failed to provide a computation of damages as required by Federal Rule of Civil Procedure 26 and failed to produce…
Protegrity Corporation (“Protegrity”) filed a patent infringement action against Voltage Security, Inc. (“Voltage”)over patents that allegedly cover methods, systems and apparatuses for encrypting electronic data. Protegrity asserted that its patents are infringed by products sold by Voltage and it sought lost profits as damages. Voltage moved for summary judgment on…
In February 2013, Tomita Technologies USA, LLC (“Tomita”) went to trial before a jury against Nintendo Co., Ltd. (“Nintendo”). In March 2013, the jury returned a verdict in favor of Tomita in the amount of $30.2 million, finding that the Nintendo 3DS infringed one of Tomita’s patents. The jury also…
As Cassidian Communications, Inc.’s (“Cassidian”) patent infringement case against Microdata GIS, Inc. (“Microdata”) moved toward trial, Cassidian moved to exclude the testimony of defendants’ expert. The motion to exclude was based on the argument that the expert report was fatally flawed in that it calculated a reasonable royalty based on…
Rembrandt Social Media, LP (“Rembrandt”) filed a patent infringement action against Facebook alleging that Facebook infringed two of its patents, U.S. Patent No. 6,415,316 (“the ‘316 patent) and U.S. Patent No. 6,289,362 (“the ‘362 patent”).In 2009, Facebook introduced two new features to its website called BigPipe and Audience Symbol. Rembrandt’s…
As Apple and Samsung prepare for a new trial on damages, Apple filed a motion to exclude part of the damage calculation set forth in Samsung’s updated expert report on damages. In particular, Apple moved to exclude the damage calculation pertaining to the Samsung Gem phone on the ground that…
As this patent infringement action moved closer to trial, the parties filed various motions in limine, including defendant Fortinet Inc.’s motion to strike the report and expert testimony of Network Protection Sciences, LLC’s (“NPS”) damage expert. In its motion to strike, Fortinet contended that the damage expert’s analysis improperly based…
In this patent infringement action, the patent owner sought a reasonable royalty in the form of a lump sum payment. HTC filed a Daubert motion to exclude the expert’s opinion on the ground that the lump sum royalty impermissibly included the entire market value. The district court began its analysis…
Carnegie Mellon University (“CMU”) filed a patent infringement action Marvell Technology Group and Marvell Semiconductor, Inc. (“Marvell”) that alleged infringement of two CMU patents. The jury rendered a verdict in favor of CMU, finding that Marvell infringed the patents, that the patents were valid and that there was willful infringement.…