The legal battle between GoTV Streaming, LLC and Netflix, Inc. continues to unfold, captivating the streaming industry and legal observers alike. In a recent development in the case, the district court issued an order denying Netflix’s motion to compel GoTV Streaming to disclose its third-party funding related documents. This ruling…
Articles Posted in District Courts
Discovering the Precise Financial Stake of LLC Plaintiff’s Members and Litigation Funder: Court Rules in Favor of Defendants’ Motion to Compel Disclosure
In the case of Speyside Medical, LLC v. Medtronic CoreValve LLC et al, the district court recently granted the defendants’ motion to compel the plaintiff, Speyside Medical, to produce information regarding its members and litigation funder. The district court found such information relevant, emphasizing the importance of understanding the precise…
District Court Denies Motion to Exclude Expert Where Conjoint Consumer Research Survey Was Appropriately Tied to Asserted Patents
In this patent infringement action, defendant Carvana sought to exclude the plaintiff Estech’s expert report and opinions regarding a conjoint survey. Carvana moved to exclude the expert’s opinion asserting that the survey failed to satisfy the reliability requirements of Rule 702 and Daubert. As explained by the district court, Estech…
District Court Excludes Technical Expert’s Infringement Opinion Based on Sales and Offers to Sell Method Claims as Contrary to Law
In this ongoing patent infringement action, the District Court continued to issue rulings on the Daubert motions filed by the defendant, Labcorp. Ravgen’s technical expert, Brian Van Ness, offered two opinions: (1) the asserted claims, which are all method claims, are infringed by offering to sell and/or sale; and (2)…
District Court Permits Damage Expert to Testify Regarding Comparable Licenses That Contained “Built-In Apportionment” of Royalties
In this patent infringement action, Ravgen asserted that Labcorp infringes claims of its 727,720 and 7,332,277 patents (the “’720” and “’277” patents through four cell-free DNA-based tests, each of which are noninvasive prenatal tests (“NIPT”)) and Resolution ctDx Lung Assay (“ctDx”) (a liquid biopsy test for cancer). Labcorp moved to…
Court Concludes That Pre-Suit Notice for Willfulness Can Occur Even if Notice Was Provided by Third-Party and Not Patent Owner
Arigna filed a patent infringement action against various vehicle manufacturers that alleged infringement of U.S. Patent No. 7,397,318 (“‘318 Patent”). The ‘318 Patent is direct toward a voltage control oscillator for use in a microchip incorporated in radar modules provided by vehicle parts manufacturer Continental. After Toyota notified Continental of…
District Court Denies Plaintiff’s Request to Voluntarily Dismiss Action
In this patent infringement action, the plaintiff Flect LLC (“Flect”) moved to voluntarily dismiss its action against the defendant, Lumia Products Co. LLC (“Lumia”), pursuant to Fed.R.Civ.P. 41(a)(1). Flect’s request for voluntary dismissal included language stating that each party will bear its own costs. Rule 41(a)(1) provides: “Voluntary Dismissal. (1) By…
Vadis v. Amazon: Reasonable Royalty Opinion Excluded Where Entire Market Value Implicated
Via Vadis, LLC and AC Technologies, S.A. (“Plaintiffs”) are the owner and exclusive licensee, respectively, of U.S. Patent No. RE40,521 (the “’521 Patent”) for a data access and management system. Plaintiffs accused Defendant Amazon.com, Inc. (“Amazon”) of direct and indirect infringement of the ’521 Patent through Amazon’s software-as-a-service and related…
Application to File Settlement Agreement under Seal Denied Where Defendant Did Not Show Competitive Harm from Disclosure
The Defendant, International Paper Company (“IPC”) filed an application for leave to file under seal a settlement agreement between Plaintiff and IPC’s codefendants and portions of IPC’s motion to dismiss that quoted the settlement agreement. To analyze whether the settlement agreement and the quoted portions should be filed under seal,…
Concealing of “Vital Evidence” until Weeks before Trial Justifies Death Penalty Sanctions
In this patent infringement action, plaintiff Performance Chemical Company (“PCC”) filed a motion for sanctions based on defendant, True Chemical Solutions (“True Chem”) concealing of evidence until a few weeks before trial. In analyzing the motion, the district court noted that the allegations of misconduct were largely undisputed: What distinguishes…