In the patent infringement action brought by Carnegie Mellon University (“Carnegie Mellon” or “CMU”) against Marvell Technology Group, LTD. (“Marvell’), the jury returned a verdict in favor of Carnegie Mellon in the amount of $1.17 billion, finding that Marvell had infringed two patents owned by Carnegie Mellon. The jury also…
During jury selection in this patent infringement action, Marvell Technology Group, LTD (“Marvell”) filed an emergency motion to strike a portion of Carnegie Mellon’s (‘CMU”) damages. In the case, CMU asserted that Marvell infringed two of its patents directed to sequence detection in high density magnetic recording devices, specifically to…
Brandywine Communications Technologies, LLC (“Brandywine”) filed a patent infringement action against Cisco Systems, Inc. (“Cisco”). During the initial case management conference, the parties were given additional time to supplement their initial disclosures and were told to do so “on pain of preclusion.” Cisco contended that the damage disclosures remained inadequate…
With a trial pending in late November in this patent infringement action, Marvell Technology Group, LTD (“Marvell”) moved to strike Carnegie Mellon University’s (“CMU”) expert report on damages. Specifically, Marvell asserted that the expert’s reference to overall price, profit or margin of the chips accused of infringement in the litigation…
Plaintiff Promega Corporation (“Promega”) filed an action against Life Technologies Corporation, Applied Biosystems, LLC and Invitrogen IP Holdings, Inc. for infringing and inducing infringement of five patents pertaining to copying of sequences of a DNA strand. In a previous licensing agreement, Life Technologies and Applied Biosystems were permitted to sell…
Defendants filed a motion to exclude the expert testimony of plaintiff’s expert on damages, including both lost profits and a reasonable royalty. The district court began its analysis by noting the Daubert standards for expert reports and then addressed the question of the reasonable royalty methodology used by plaintiff’s expert.…
Plaintiff retained an expert to opine on damages arising from the defendants’ alleged infringement of the asserted patents. The defendants moved to exclude the expert report on two grounds: (1) the expert failed to properly apportion the value of the patented features; and (2) the expert misapplied the market value…
In the ongoing battle between Apple and Motorola, Motorola moved to strike portions of Apple’s supplemental expert report on damages. The district court had previously granted Apple’s request to supplement its damages expert report to address information that was disclosed between the filing of Apple’s initial damage report and the…
As the battle over Android heads into trial, the district court appointed an expert on damages because the damages presented were complex and widely divergent. After the court-appointed expert submitted its report, Google moved to exclude portions of the expert report on patent damages. After reviewing the standards for expert…
In this patent infringement action pending in the Eastern District of Texas between SimpleAir and a number of defendants, including Apple, the defendants filed a motion in limine to preclude SimpleAir from referencing the revenue or profits associated with Defendants’ products or Defendants’ overall economic status, profitability, or relative financial…