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Articles Posted in District Courts

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District Court Denies Unopposed Request to Seal Exhibits Where Only Justification for Sealing Was That Parties Designated the Documents Confidential under the Protective Order

Defendant Ericsson filed an unopposed motion for leave to file its motion to strike certain paragraphs of a supplemental expert report for the plaintiff under seal. Although the request was unopposed, the district court evaluated whether it was appropriate to seal the motion and accompanying exhibits. In the motion, Ericsson…

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Patent Misuse and Patent Exhaustion Asserted as Stand Alone Claims Dismissed for Failure to State a Claim

Continental Automotive GmbH and Continental Automotive Systems, Inc. (collectively “Continental”) filed a multi-claim lawsuit against iBiquity Digital Corporation (“iBiquity”), which asserted causes of action for patent exhaustion (Count I), patent misuse (Count II), declaratory judgment of patent rights (Count III), as well as several state law claims. iBiquity moved to…

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District Court Denies Motion to Stay Pending Ex Parte Reexamination Where Defendant Was Competitor of Plaintiff and Chose Ex Parte Reexamination over Inter Partes Reexamination

Plaintiff Ecolab Inc. (“Ecolab”) filed a patent infringement action alleging that Gurtler infringed Ecolab’s patent for “SANITIZING LAUNDRY SOUR,” United States Patent No. 6,262,013 (the “‘013 Patent”). Gurtler subsequently filed a Request for Ex Parte Reexamination of the ‘013 Patent. Gurtler then filed a motion to stay and the United…

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Three Strikes and You are Out: District Court Grants Summary Judgment on Lack of Standing, No Infringement and Invalidates the Patent

Plaintiff NOV filed a patent infringement action asserting that defendant Omron had infringed NOV’s patent (U.S. Patent No. 5,474,142 or the ‘142 Patent). Specifically, NOV alleged Omron’s oil rig automation control system has an automatic driller function that infringes one or more claims of the ‘142 Patent. After years of…

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District Court Grants Stay Before The PTO Institutes An IPR

In MLC Intellectual Property, LLC v. Micron Technology, Inc., Case No. 14-cv-3657 (N.D. Cal.), MLC filed its lawsuit on August 12, 2014, accusing Micron of infringing U.S. Patent No. 5,764,571 (“the ‘571 patent”). On October 15, 2014, Micron answered the complaint and asserted counterclaims for declaratory judgment of non-infringement and…

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District Court Denies Motion to Exclude Defendants’ Experts from Claim Construction But Orders the Defendants to Supplement Their Disclosures or Face Exclusion

In this patent infringement action, the plaintiff filed a motion to exclude the defendants’ claim construction experts. The plaintiff’s motion was based on the argument that the defendants’ disclosures did not comply with local rules in that they did not identify the actual opinions of the experts. The district court…

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Request to Join Summary Judgment Motion Based on Alice Four Weeks Before Trial Denied as Untimely

Four weeks prior to trial, defendant Cerner Corporation (“Cerner”) filed a motion to join a summary judgment motion filed by a defendant in a related case involving the same patents. In the summary judgment motion in the related case involving Allscripts, Allscripts argued that the plaintiff’s (RLIS) patents claim ineligible…

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With Motion for Summary Judgment Pending Against It, Plaintiff Requests District Court to Order Parties to Mediation and District Court Grants Summary Judgment Motion Instead

Princeton Digital Image Corp. (“Princeton Digital”) filed a patent infringement action against Hewlett-Packard and Hewlett Packard filed a summary judgment motion. With the summary judgment motion pending, Princeton Digital filed a letter with the district court requesting that the district court order a mediation between the parties pursuant to Local…

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Daubert Motion Denied Where Defendant Had “Salubrious Fodder” for Cross-Examination If Plaintiff’s Expert Used Wrong Source Code

Defendant Adobe Systems (“Adobe”) filed a Daubert motion seeking to limit the testimony of plaintiff EveryScapes’ expert, Dr. Maja Bystrom (“Dr. Bystrom”), for three reasons. First, Adobe sought to exclude the testimony that the Mok3 Perspective Clone Brush practiced claims of EveryScape’s patent, partly because Dr. Bystrom allegedly relied on…

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Motion to Reconsider Claim Construction Order on Indefiniteness after Nautilus Denied Where District Court Found Term Definite

Defendant Stealth Cam, LLC (“Stealth Cam”) requested that the district court reconsider its Claim Construction Order holding that the term “extending parallel” was not indefinite. The district court first noted that under the local rules a party must show “compelling circumstances” to obtain permission to file a motion to reconsider,…

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