Defendant Extended Disc North America, Inc. (“EDNA”) filed a motion for summary judgment of non-infringement and invalidity, and, alternatively, a motion to dismiss against plaintiff Target Training International, Ltd.’s (“TTI”). TTI had filed its complaint for patent infringement against EDNA on September 17, 2010, alleging that EDNA directly infringed at…
In this patent infringement action between Natural Chemistry LP and Orenda Technologies, Inc. (“Orenda”), Orenda’s counsel filed a notice of vacation designation, which the district court characterized as a notice of unavailability. In considering the notice, the district court began by noting that “[t]he rules of this Court do not…
America’s Collectibles Network (“ACN”) filed a patent infringement action in which it claimed to own U.S. Patent No. 8,370,211 (the “211 Patent”). It brought this action against the Genuine Gemstone Company (“Genuine Gemstone”). Genuine Gemstone filed a motion to dismiss contending that it is the rightful owner of the 211…
After the district court adopted a specialized scheduling order that was based on local patent rules in other districts, the plaintiffs served detailed infringement contentions and the defendant served detailed invalidity contentions early in the case. The parties could only amend the contentions for “good cause.” As the case progressed…
The defendants in this patent infringement action filed several motions for leave to amend their answers to include various affirmative defenses, including: (1) the affirmative defense of patent misuse; (2) the affirmative defense of inequitable conduct; (3) a counterclaim for declaratory judgment of non-infringement; and (4) a counterclaim for declaratory…
Rec Software USA, Inc. (“Rec”) filed a patent infringement action against HTC America, Inc. (“HTC”). HTC requested leave to file a motion for summary judgment based on 35 U.S.C. §101. The request for leave to file the summary judgment motion occurred prior to claim construction proceedings. HTC argued that the…
Plaintiff Labyrinth Optical Technologies LLC (“Labyrinth”) filed a patent infringement action against Defendant Alcatel-Lucent USA, Inc. (“Lucent”), alleging that Lucent infringes U.S. Patent No. 8,103,173 (the “‘173 Patent”). On the eve of trial, Lucent filed a motion to dismiss the case for lack of standing, arguing that Labyrinth could not…
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…
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…
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…