In the patent infringement action between Cobra International, Inc. (“Cobra”) and BCNY International, Inc. (“BCNY”), BCNY filed a motion to compel several documents, including a litigation funding agreement. Cobra opposed the motion asserting that the person funding the litigation was not making decisions regarding the lawsuit and was not interfering…
Articles Posted in District Courts
Register Now for a Patent Litigation Webinar: How community property laws can affect your company
Tuesday, January 14, 2014 1:00pm – 2:00pm The Intersection of Patents and Community Property: The Problem of the Ex-Spouse In a divorce, patents can be considered marital assets subject to community property laws, creating an unexpected and unwelcome tangle of legal issues for employers with a stake in the intellectual…
Bickering Brothers Break Common Interest and Results in Waiver of Attorney-Client Privilege
Porto Technology Co., LTD (“Porto”) filed a patent infringement action against Cellco Partnership d/b/a Verizon Wireless (“Verizon”). During the litigation, Verizon moved to compel communications between two of the plaintiffs, who are brothers, and counsel. As explained by the district court, the court began by looking at “communications between Ji-Soo…
Motion for Summary Judgment Based on Insufficient Written Description Denied Where There Were Disputed Issues of Material Fact
In this patent infringement action between competing producers of satellites and satellite networking systems, ViaSat plaintiffs asserted that Space Systems/Loral infringed the ‘875 patent. As explained by the district court, the ViaSat plaintiffs are corporations that develop commercial and military satellite and digital communication technologies. SS/L is a wholly owned…
Unwired Planet v. Google: Court Reverses Decision Limiting Google to Prior Art References
Unwired Planet LLC (“Unwired Planet”) filed a patent infringement action against Google and it originally identified 124 claims from ten patents as its asserted claims against Google. Unwired subsequently reduced the number of its claims. At the August 20, 2013 case management conference, the parties offered different proposals for further…
Activision TV: District Court Expresses Concern over Nebraska Attorney General’s Cease and Desist Order and Grants Preliminary Injunction Precluding Enforcement
In the ongoing battle between Activision TV, Inc. (“Activision”) and the Attorney General for the State of Nebraska, Activision filed a preliminary injunction motion seeking to bar the Attorney General from enforcing a cease and desist order entered against Activision’s counsel. The district court had previously determined that the Attorney…
WiLAN v. Alcatel-Lucent: Parties Agree to Dismiss Dispute and Vacate Claim Construction Order But District Court Declines to Vacate the Claim Construction Order
WiLAN USA, Inc. (“Wi-LAN”) filed a patent infringement action against Alcatel-Lucent USA Inc. (“Alcatel-Lucent”). After a lengthy claim construction order, the parties filed a joint motion to vacate the claim construction order and dismiss the pending lawsuit. The motion consisted of a single page and contained no points and authorities…
Activision TV Obtains Preliminary Injunction Against Nebraska Attorney General: Court Permits Law Firm to Represent Activision in Patent Infringement Action Where Nebraska Attorney General Had Ordered Law Firm to Stop Patent Enforcement Efforts in Nebras
Activision TV, Inc. (“Activision”) filed a patent infringement action against Pinnacle Bancorp, Inc. (“Pinnacle”). Counsel for Activision, Farney Daniels, had previously sent letters to companies throughout the United States that Activision believed were infringing its patents. Five of these companies were in Nebraska. The letters requested information to determine if…
Kimberly-Clark v. First Quality: Request to Require Defendant to Present Deposition Testimony in Plaintiff’s Case Denied Because It Would Interfere with Defendant’s Trial Presentation
As this patent infringement action proceed toward trial, plaintiff Kimberly-Clark Worldwide, Inc. (“Kimberly-Clark”) filed a request with the district court on an “extremely time-sensitive case management issue concerning the use of depositions at trial and deposition designations.” During a telephonic status conference, Kimberly-Clark requested that the district require the defendants…
On Sale Bar Doctrine Rendered Patent Invalid Where Presentation and Manufacturer’s Quote Constituted Offers for Sale
Orbis Corporation (“Orbis”), a manufacturer of commercial baking trays, owns U.S. Patent 6,273,259 (“the ‘259 patent”), which covers a baking tray (“the NPL663 tray”). As explained by the district court, “Orbis sells the NPL663 trays solely to Bimbo Bakeries, Inc. (“Bimbo”), and Bimbo’s affiliated brands. Several years ago, one of…