Plaintiff Hill-Rom Company, Inc. (“Hill-Rom”) filed a motion for a preliminary injunction against General Electric Company (“GE”). The district court began its discussion by noting that “[t]he Federal Circuit has said that preliminary injunctions are a “drastic and extraordinary remedy” that should not routinely be used. Nat’l Steel Car. Ltd.…
Articles Posted in District Courts
Motion to Set Aside Default Where Defendant Waited Too Long to Obtain New Counsel
Plaintiff Fleet Engineers, Inc. (“Fleet”) develops, manufactures, and sells after-market products for the trucking industry. Defendant Tarun Surti, the president of Mudguard Technologies, LLC (“Mudguard”), owns a mud flap patent on which this lawsuit is focused. Fleet filed a complaint which asserted three claims: (1) a request for a declaratory…
Image Processing Patent Held To Be An Abstract Idea Under Alice Corp.
Digitech Image Technologies (“Digitech”) asserted U.S. Patent No. 6,128,415, directed to the generation and use of device profiles for digital image processing system against numerous defendants, including Xerox and Fujifilm Corporation. Digitech appealed the district court’s finding on summary judgment that the asserted claims were invalid under 35 U.S.C. §101.…
After Entry of Judgment, District Court Orders Deposit of Amount of Judgment Plus 20% Interest for One Year in order to Obtain Stay of Execution Pending Appeal
Innovention Toys, LLC prevailed in a patent infringement action against MGA Entertainment. After the Court entered a final judgment, the parties agreed that execution of the judgment should be pending resolution of post-judgment motions and appeal but disagreed regarding the amount Defendant MGA should deposit with the district court as…
Motion for Leave to File Billing Statements Under Seal Denied Where Billing Descriptions Were Not Protected by the Attorney-Client Privilege
Plaintiffs filed a motion to permit them to file an affidavit, along with billing documents, under seal. The affidavit, along with its exhibits, was forty-seven pages in length. In the motion, the Plaintiffs contend that “the fees charged for each attorney as well as information contained in the time entries…
Invalidity Expert Excluded Where Expert Failed to Conduct a Proper Written Description Analysis
Plaintiff Trading Technologies International, Inc. (“TT”) moved to strike the invalidity expert report of the defendant, CQG. TT made two arguments its motion: “(1) that Dr. Mellor failed to conduct a proper written description analysis because, according to TT, he incorrectly focuses on features that are not recited in the…
Motion to Dismiss Granted Where Patent Infringement Complaint Alleged Joint Infringement But Failed to Allege Direction and Control
Plaintiff Nu Flow Technologies (2000) Inc. (“Nu Flow) filed a patent infringement action against Defendant A.O. Reed & Company (“A.O. Reed”) and ten Doe defendants based on two patents U.S. Patent No. 7,849,883 B2 (the ‘883 patent) and U.S. Patent No. 6,691,741 132 (the ‘741 patent). The ‘883 patent, entitled…
Declaratory Judgment Action Dismissed for Lack of Personal Jurisdiction Where Contacts in Jurisdiction Occurred Before, and Were Unrelated to, Patent-in-Suit
Digital Ally, Inc. (“Digital Ally”) filed a declaratory judgment action pertaining to patent infringement against Utility Associates, Inc. (“Utility”). Utility filed a motion to dismiss for lack of subject matter and personal jurisdiction. Digital Ally is a Nevada corporation with its principal place of business in Kansas. It sells advanced…
Misstatements on Application for In Forma Pauperis Status Results in Dismissal of Patent Infringement Action with Prejudice
Plaintiff filed a patent infringement action and also filed an application to proceed in pro per and In Forma Pauperis. The defendants file a motion to dismiss the action based on false statements in the application. As the district court explained, “[t]he Application requires the applicant to detail all sources…
Quantum World v. Dell: After Receiving Numerous Daubert Motions, District Court Lays Down Strict Time Limits for Trial and Rules That Daubert Motion Hearing Time Will Count Against Time Limits for Party That Brings and Loses a Daubert Challenge
In this patent infringement case, the district court received a number of motions to strike portions of expert reports and to exclude the testimony of certain experts. As stated by the district court, it received the following: “Defendants’ Motion to Strike Portions of the Expert Report and Exclude the Testimony…