In this patent infringement action, the parties reported that they had settled their dispute while it was pending before the Federal Circuit. The settlement was contingent upon the district court’s granting an indicative motion that it would vacate the underlying judgment. The district court began its analysis by noting that…
Articles Posted in District Courts
Covenant Not to Sue Insufficient to Warrant Dismissal of Counterclaims Where Covenant Contained Reservation of Rights
The plaintiff filed a motion to dismiss the defendants’ patent invalidity counterclaims for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. Rule 12(b)(1) because the plaintiff withdrew its patent infringement claims and filed a covenant not to sue regarding those claims. In the motion to dismiss, the plaintiff asserted that…
District Court Asks Google and Oracle to Consent to Ban on Internet Research of Jury Panel
Following up on the district court’s previous ruling barring the use of jury questionnaires, the district court addressed the issue of whether any Internet research of the potential jurors should be permitted. After analyzing the reasons to issue an outright ban on such research, the district court explained that it…
District Court Declines to “Reverse” Bifurcate Trial to Try Damages before Patent Infringement and Calls Motion “Baseless”
California Home Spas, Inc. (“CHS”) filed a motion to bifurcate the trial between damages and infringement and asserted that the damage trial should proceed first. As noted below, the district court denied the request finding that bifurcation is unusual and that defendant had not justified the unusual procedure in this…
District Court Denies Motion to Present Live Video Testimony at Trial
In this patent infringement action, defendant Dynamic Drinkware, Inc. (“Drinkware” or “Defendant”) filed a motion to permit it to present live video testimony at trial, or, in the alternative, to take the deposition of a non-party named Dan Blondal for use at trial. The plaintiff, National Graphics, opposed the motion…
Samsung v. Nvidia: District Court Bifurcates Trial in Two Phases with the First Phase to Determine Infringement and Damages and the Second Phase to Determine Validity of the Patents
The plaintiff, Samsung, filed a motion for an order regarding the presentation of evidence. Samsung’s proposal included a “six-stage” process for presenting the evidence. In support of the proposal, Samsung argued that the “six-stage” process would help the jury understand the complex issues it would need to decide. The defendant…
District Court Requires Plaintiffs to State Whether “Plain Meaning” Encompasses Defendants’ Proposed Claim Constructions
In this patent infringement action, the defendants asked the district court to compel the plaintiffs to provide constructions for disputed claim terms identified by the parties under the Local Patent Rules. Defendants identified 8 claim terms that they contended require construction. For each term that the defendants identified, the plaintiffs…
District Court Denies Motion to Dismiss under Section 101 Even Though Two Other District Courts Had Founds Patents Ineligible
In this patent infringement action, the Defendants filed motions for partial summary judgment of invalidity with respect to two of the patents at issue in the case. The defendants argued that two district courts had already found the two patents at issue in the case patent ineligible under section 101…
District Court Rules Plaintiff Need Not Come Forward with Evidence of Priority Date Earlier than Patent Application Until Defendant Produces Clear and Convincing Evidence of Invalidating Prior Art and Summary Chart Is Not Sufficient
Omega Patents, LLC (“Omega”) filed a patent infringement action against CalAmp Corp. (“CalAmp”) asserting that CalAmp infringes the claims of U.S. Patent No. 6,346,876 (“the ‘876 Patent”), U.S. Patent No. 6,737,989 (“the ‘989 Patent”), U.S. Patent No. 6,756,885 (“the ‘885 Patent”), U.S. Patent No. 7,671,727 (“the ‘727 Patent”), and U.S.…
District Court Declines to Stay Action Pending Inter Partes Review (“IPR”) Where Claim Construction Briefing Had Already Occurred
After the PTAB granted Defendant’s petition for IPR on certain of the claims in the patent-in-suit, the defendant filed a motion to stay the action pending the resolution of the IPR. The plaintiffs objected to a stay, but alternatively advocated for a partial stay allowing them to move forward with…