In Gunn v. Minton, 2013 WL 610193 (Feb. 20, 2013), a unanimous United States Supreme Court determined that state courts can address legal malpractice disputes even though the underlying action may turn on issues involving patents. As expected, this ruling, which significantly narrowed federal court jurisdiction, is likely to impact…
In this patent infringement action between Microsoft and Motorola, Motorola asserted certain claims of various patents against Microsoft, including claims that included “means for decoding” and “means for using” limitations. Motorola asserted that Microsoft’s Windows 7 operating system and Microsoft’s Internet Explorer 9 infringed the asserted claims of the patents-in-suit.…
ABT Systems, LLC (“ABT”) filed an action against Emerson Electric Co. (“Emerson”). As the case proceeded to trial, the district court made some key rulings on motions in limine. In particular, the district court addressed whether customer product reviews on the Internet were admissible over a hearsay objection. As the…
In Smart Options, LLC v. Jump Rope, Inc., Case No. 12-C-2498 (N.D. Ill. March 25, 2013), plaintiff Smart Options brought suit for infringement of U.S. Patent No. 7,313,539 against Jump Rope. The ‘539 Patent relates to a method for purchasing an “option” to buy a good or service (e.g., concert…
TravelClick, Inc. (“TravelClick”) filed a declaratory judgment action against defendants Variant Holdings, LLC and Variant, Inc. (“Variant”), seeking a declaration that its iHotelier online hotel reservation system did not infringe Variant’s patent number 7,626,044 (the ‘044 patent). Variant filed a motion to transfer the case to the Eastern District of…
In Arrival Star S.A.., et al. -v- Meitek Inc., et al., Defendant Meitek Inc. (“Meitek”) moved for Rule 11 sanctions against the Plaintiff Arrival Star S.A. (“Arrival Star”) based on Meitek’s contentions that “ArrivalStar’s counsel (1) failed to prepare any claim construction before filing suit, (2) made a “tactical decision”…
Plaintiff Parkervision, Inc. filed a patent infringement action against Qualcomm. Qualcomm answered the complaint and alleged an affirmative defense of inequitable conduct and a counterclaim that included a claim for inequitable conduct. Parkervision moved to strike the affirmative defense and the counterclaims pertaining to inequitable conduct, among other defenses and…
In a patent case pending before Judge Koh in the Northern District of California, Defendant Pinnaclife Inc. (“Pinnaclife”) moved pursuant to Rule 12(b)(6) to dismiss Plaintiff CreAgri, Inc. (“CreAgri”) infringement claims under Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007) and Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949…
In this patent infringement action, plaintiff Allvoice Developments US LLC (“Allvoice”) moved to amend its infringement contentions against Microsoft. Allvoice sought the amendment to incorporate changes that related to two claim constructions by the district court that differed from those asserted by Allvoice and to provide technical corrections or clarifications…
Klausner Technologies, Inc. (“Klausner Technologies”) filed a patent infringement action against Interactive Intelligence Group, Inc. (“Interactive Intelligence” or “IIG”). After the action was filed, Klausner Technologies assigned all of its interest in the patent-in-suit to IPVX Patent Holdings, Inc. (“IPVX”), including the rights to enforce the patent and to recover…