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…
Articles Posted in District Courts
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…
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…
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,…
Motorola: Inventor’s Ex-Spouse’s Co-Owns the Patent-in-Suit
In the matter pending in the Western District of Texas, Katrinecz, et al. v. Motorola Mobility LLC, Motorola moved to dismiss the complaint for lack of subject matter jurisdiction. In its complaint, the plaintiffs alleged that Motorola infringed U.S. Patent No. 7,284,872 entitled “Low power, low cost illuminated keyboards and…
Apple Motion to Stay Litigation Pending an IPR Is Denied by the District Court for the Northern District of California
In the matter pending in the Northern District of California, Aylus Networks, Inc. v. Apple, Inc., Apple moved to stay the litigation pending inter partes review of the patent-in-suit. On October 9, 2013, plaintiff Aylus Networks filed suit against Apple for infringement of U.S. Patent No. RE44,414. On September 29,…
Inducing Infringement Claim Dismissed on Sua Sponte Order Where Alleged Infringer Did Not Perform All Method Steps and Did Not Exercise Direction and Control
In this patent infringement action, the district court issued a sua sponte order requiring plaintiff to show why its inducing infringement claims should not be dismissed as a matter of law. After addressing the United States Supreme Court’s recent decision in Limelight, the district court noted that no single party…
Court Denies Declaratory Judgment Defendant’s Request to Re-Align Parties as Realignment Would Frustrate the Purpose of the Declaratory Judgment Act
Plaintiffs filed the declaratory judgment complaint in this patent case after receiving a letter from defendants alleging that Plaintiffs’ products infringe two of defendants’ patents. Plaintiffs sough declaratory judgment that Defendants’ patents, U.S. Patent Nos. 6,830,014 (filed Aug. 5, 2003) (“the ‘014 Patent”) and 7,267,082 (filed Dec. 30, 2005) (“the…
Patent Infringement Complaint Dismissed for Lack of Standing Where Co-Inventor Had Not Assigned Rights to Plaintiff
Plaintiffs Alpha One Transporter, Inc. and American Heavy Moving and Rigging, Inc. (collectively “Alpha One”) filed a complaint against Defendant and Third-Party Plaintiff Perkins Motor Transport, Inc. (“Perkins”). Perkins subsequently filed a motion to dismiss Alpha One’s complaint for lack of standing on one of the patents-in-suit (the ‘897 Patent)…
Withholding A Court’s Order From the USPTO in A Co-Pending Reexamination May Render A Patent Unenforceable in Litigation
In Masimo Corporation v. Philips Electronic North America Corporation, et al., the Philips Defendants moved for leave to amend their answer to add a defense of inequitable conduct based on Masimo’s alleged inequitable conduct during the ex parte reexamination of the patent-in-suit. Masimo opposed the amendment on the grounds that…