In this patent infringement action, Watson Laboratories, Inc.’s (“Watson”) moved to dismiss several counts of the complaint filed by Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited (collectively, “Jazz”). Watson moved to dismiss these counts under Federal Rule of Civil Procedure 12(b)(6) on the grounds that the “Risk Mitigation Patents”…
In this patent infringement action, the plaintiff sought to substitute its damage expert because its current damage expert had retired. The plaintiff also sought to withdraw the retired expert’s damage report. The Magistrate Judge construed this as a request to extend the discovery deadline. The Magistrate also determined that there…
As the case between Milo & Gabby, LLC and Amazon moved closer to trial, Amazon filed several motions in limine, including a motion to force the plaintiffs to remove statements from its websites, which Amazon contended were inaccurate and prejudicial. Amazon also contended that the statements on the website could…
As the Wisconsin Alumni Research Foundation (“WARF”) patent infringement case against Apple approached trial, Apple attempted to call a witness live that it had previously informed WARF’s counsel would be called by deposition. Apple’s counsel had previously asked that Patrick McNamara be allowed to appear by deposition in order to…
In this patent infringement action, Defendant R/X Automation Solutions filed a motion in limine to exclude one of plaintiff’s experts. The district court concluded that the motion was an untimely Daubert motion because the district court had set a deadline for dispositive motions and Daubert motions. The district court was…
In this patent infringement action, Plaintiffs filed motions in limine to exclude 15 prior art references that defendants intend to use to show the state of the art pertinent to the patents-in-suit. Defendants included the 15 references on a recent notice, but the references were not included on defendants’ third…
The plaintiffs, Fieldturf USA and Tarkett Inc. (collectively, “Fieldturf”) filed a patent infringement action against Astroturf LLC (“Astroturf”). In defense, Astroturf intended to present expert testimony on anticipation showing that certain Fieldturf technical information predated the patent-in-suit. Based on the technical information, Astroturf’s expert created replicas of the fields and…
The defendants filed a motion to stay discovery until the district court ruled upon its motion to dismiss pursuant to 35 U.S.C. § 101. In their motion to stay, Defendants asserted that its motion to stay discovery should be granted because it is a dispositive motion to dismiss that is…
In consolidated patent infringement actions between Arctic Cat and Polaris, Artic Cat filed four petitions for inter partes review (“IPR”) of two patents asserted by Polaris. Three days after the IPRs were filed, the parties filed a joint stipulation to stay the consolidated cases given Arctic Cat’s pending IPR petitions.…
Isola USA Corp. (“Isola”) moved to compel Taiwan Union Technology Corp. (“TUC”) to provide updated sales data in response to document requests an interrogatories. In response to this discovery, TUC had previously provided sales data on allegedly infringing products that covered a period up to December 31, 2014. Isola moved…