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Articles Posted in District Courts

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Potter Voice v. Microsoft: Microsoft’s Request to Exclude Expert Declaration for Claim Construction Denied Where Microsoft’s Arguments Went to Weight and Credibility, Not to Admissibility

In this patent infringement action, Potter Voice submitted an expert declaration of David Klausner for the purpose of claim construction. Microsoft moved to exclude the declaration under Fed.R.Evid. 702. The district court explained the background of the patent as follows: In 1998, United States patent number 5,729,659 (the ‘659 patent)…

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Sonic Industry v. iRobot: Court Sua Sponte Strikes iRobot’s Affirmative Defenses for Failure to Comply with Federal Rules of Civil Procedure

Sonic Industry (“Sonic”) filed a patent infringement action against iRobot Corporation (“iRobot”). iRobot filed an Answer and Affirmative Defenses to the patent infringement complaint. The district court issued a memorandum order sua sponte because of some “problematic aspects of that responsive pleading.” The district court noted that iRobot had regularly…

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Notice of Appeal Untimely Where Attorneys Claimed That Notice Through Electronic Filing System Did Not Start Time for Appeal

After trial and the denial of post-trial motions, AT&T Operations, Inc. (“AT&T”) filed motion to extend the time to file a notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a). AT&T argued that the e-mail notice of electronic filings (NEF’s) that defense counsel received did not provide them…

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District Court Strikes Amended Infringement Contentions and Supplemental Expert Report That Were Served without Leave of Court

Wonderland Nurserygoods Co., Ltd.(“Wonderland”) filed a patent infringement action against Thorley Industries, LLC, d/b/a 4MOM (“Thorley”) for infringement of U.S. Patent No. 8,047,609 (the “‘609 Patent”) by the accused mamaRoo device. Pursuant to the Court’s Initial Patent Scheduling Order, Wonderland served its Disclosure of Asserted Claims and Infringement Contentions (“Infringement…

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Carnegie Mellon v. Marvell: District Court Denies Marvell’s Equitable Defenses Finding That Marvell Has Not Acted Equitably Toward Carnegie Mellon

In this patent infringement case brought by Carnegie Mellon University (“CMU”), against Marvell Technology Group, Ltd. and Marvell Semiconductor, Inc. (collectively “Marvell”), CMU alleged that Marvell has infringed two of its patents. After a four-week jury trial, the jury rendered its verdict in favor of CMU on infringement, validity, and…

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Doctrine of Equivalents Opinion Excluded Where Plaintiff Failed to Comply with Disclosures Required by Scheduling Order

TransUnion Intelligence LLC (“TransUnion”) filed a patent infringement action against SearchAmerica. After expert reports were served, SearchAmerica moved to exclude all references to the doctrine of equivalents and sought confirmation from TransUnion that they will not attempt to rely on a doctrine of equivalents theory for the remainder of the…

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Claims for Inducing Infringement and Contributory Infringement Dismissed for Failure to Allege Knowledge of Patent-in-Suit

Unisone Strategic IP, Inc. (“Unisone”) filed a patent infringement action against Tracelink, Inc. (“Tracelink”). Tracelink filed a motion to dismiss the claims for indirect (induced and contributory) infringement because Unisone had alleged no facts demonstrating Tracelink “had the intent to cause infringement . . . or that [Defendant] willfully infringed…

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Taser Takes Down Expert in Patent Infringement Action Where Electrical Engineer Was Not Qualified to Offer Expert Opinions on Electrophysiology

Taser International, Inc. (“Taser’) proceeded to trial on its patent infringement action against Karbon Arms, LLC (“Karbon Arms”). After expert reports and with the trial approaching, Taser filed a motion to exclude the expert testimony Val DiEuliis, one of Karbon Arms’ experts, regarding electrophysiology. As explained by Taser, Dr. DiEuliis…

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Motion to Stay Pending Inter Partes Review Denied Where Inter Partes Petition Did Not Challenge Two of the Asserted Independent Claims of the Patent-in-Suit

Otto Bock HealthCare LP (“Otto Bock”) filed a patent infringement against Defendants Össur hf and Össur Americas, Inc. (together, “Össur”). Otto Bock alleged that a number of Össur’s infringed four claims of United States Patent No. 6,726,726 (the ” ‘726 Patent”). Otto Bock moved for a preliminary injunction, seeking to…

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Kimberly-Clark v. First Quality: District Court Excludes Expert Testimony on Obviousness for Failure to Include the Opinion on Obviousness in the Expert Report

Kimberly-Clark Worldwide, Inc. (“Kimberly-Clark) filed a patent infringement action against First Quality Baby Products, LLC (“First Quality”) over a variety of patents relating to disposable absorbent products, such as diapers and incontinence products, including U.S. Patent No. 5,147,343 (the “Kellenberger Patent”), which relates to an absorbent composite or core for…

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