The plaintiff, Odyssey Wireless (“Odyssey”) filed four separate actions for patent infringement against Defendants Apple, Samsung, LG, and Motorola, alleging infringement of U.S. Patent Nos. 7,881,393; 8,199,837; 8,576,940; 8,660,169; 8,855,230; and 8,879,606. Each of the patents-in-suit lists on its face Peter D. Karabinis as the inventor and EICES Research, Inc.…
After a jury trial finding American Technical Ceramics Corp. (“ATC) willfully infringed Presidio Component’s (“Presidio”) patent, ATC filed a motion for a finding of no willful infringement based on the Supreme Court’s decision in Halo. At the time the jury reached its verdict, the Federal Circuit’s decision in In re…
Chris Tavantzis and ChrisTrikes Custom Motorcycles, Inc. (“ChrisTrikes”) filed a complaint against a number of individuals and entities that allegedly infringed on a patent for a wheelchair-accessible motorcycle (the “Wheelchair Motorcycle Patent”). After the complaint was filed, the district court received notice of Mr. Tavantzis’ death. When no party moved…
After the parties settled the lawsuit, the district court dismissed the case without prejudice, subject to the right of any party to re-open the action within sixty days, upon good cause shown, or to submit a stipulated form of final order or judgment (the “60-Day Order”). Sixty-five days after the…
In this patent infringement action, Mobile Telecommunications Tech., LLC (“MTel”) filed against Blackberry Corp., MTel moved to exclude certain exhibits that were archived press releases published by RCR Wireless and SkyTel webpage screenshots of advertisements. MTel objected that these exhibits are inadmissible because they have not been authenticated by a…
Summary: In the decision referenced below, the court declined to modify a judgment pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure even though the PTAB had found several claims of the patent-in-suit invalid. After a trial and an appeal to the Federal Circuit, which affirmed the royalty…
After the district court granted the plaintiff’s motion for summary judgment of patent infringement, the district court addressed whether a permanent injunction was appropriate. The patent at issue, U.S. Patent No. 6,065,794 (‘794 Patent), which is titled “Security Enclosure for Open Deck Vehicles,” relates to storage management devices, or “trunk…
In this patent infringement action, the plaintiff, BRP, alleged three counts of patent infringement against Arctic Cat concerning snowmobile frame construction and snowmobile rider positioning. BRP alleged patent infringement by at least 91 Arctic Cat snowmobiles regarding two frame patents and infringement by at least 95 Arctic Cat snowmobiles regarding…
The parties in this patent infringement action could not agree on the order of proof at trial. Defendants sought to present their invalidity defense first, arguing that if the patent is invalid, they could not be liable for infringement. The plaintiffs opposed the request to re-order the proof at trial…
After a district court in the Eastern District of Virginia invalidated the patent-in-suit because it did “not pass the two part test laid out by the Supreme Court in Mayo and Alice.” Peschke Map Techs. LLC v. Rouse Properties Inc., No. 1:15-cv-1365, — F. Supp. 3d —-, 2016 WL 1031295,…