In this patent infringement action, the plaintiff, Personalized Media Communications, LLC (“PMC”), moved to exclude the testimony of Apple’s damages expert, Mr. Thomas. In rebuttal, Mr. Thomas estimated that PMC would be entitled to a lump-sum payment of $1 million per allegedly infringing patent. PMC asserted that Mr. Thomas’ damages…
Plaintiff All Plastic contended it was a leading manufacturer of premium displays and containers for medicinal and recreational cannabis dispensaries. All Plastic filed a patent infringement action against Defendants SamDan LLC d/b/a Smokus Focus (“SamDan”), Samuel Whetsel (“Mr. Whetsel”), and Daniel Russell-Einhorn (“Mr. Russell-Einhorn”) (with Mr. Whetsel, “Individual Defendants” and…
Plaintiff Baxter International (“Baxter”) sued CareFusion Corporation and Becton, Dickson and Company (“Defendants”) for infringement of three medical infusion pump patents, U.S. Patent Nos. 5,764,034 (the ‘034 Patent), 5,782,805 (the ‘805 Patent), and 6,231,560 (the ‘560 Patent). Baxter moved to strike portions of the Defendants’ invalidity expert, including asserting that…
In this patent infringement action, the defendant moved to compel the production of settlement license agreements as part of its reasonable royalty analysis. The plaintiff opposed the request on the grounds that the agreements were protected by the common interest privilege and were not relevant. The district court disagreed. Turning…
In this patent infringement action, the City of Hope filed a motion for summary judgment. The district court denied the motion without prejudice for failing to comply with the Local Rules meet and confer requirement. Central District Local Rule 7-3 provides that “counsel contemplating the filing of any motion shall…
As explained by the district court, Zadro Products, Inc. (“Zadro”) sued Feit Electric Company (“Feit”) for patent infringement alleging that Feit infringed on two of Zadro’s patents: United States Patent No. 8,162,502 (“the ’502 Patent”) and United States Patent No. 8,356,908 (“the ’908 Patent”). Zadro alleged that one of Feit’s…
In this patent infringement action, Plaintiff Personalized Media Communications, LLC (“PMC”) filed a motion seeking (1) a court order compelling Defendant Netflix Inc. (“Netflix”) to provide PMC with on-site access to Netflix’s source code after the close of fact discovery or, in the alternative, (2) an extension of the fact…
The defendant, IBG, contended that the plaintiff, Trading Technologies (“TT”) committed patent misuse (rendering its patents unenforceable) when it tied licenses to its U.S. patents to sales of products in foreign jurisdictions where IBG did not hold any patents. TT moved for summary judgment on the patent misuse defense. As…
In this patent infringement action, defendant Athenahealth, Inc. (“Athenahealth”) moved to exclude the plaintiff CliniComp International Inc.’s damage expert testimony of Dr. Nisha Mody, which included a check on the reasonableness of the damage calculation based on an incremental-value analysis. As explained by the district court, Dr. “Mody’s damages model…
SIMO Holdings Inc. (“SIMO”) prevailed on its patent infringement claims against defendant Hong Kong uCloudlink Network Technology Limited (“uCloudlink”) at trial. SIMO asked the district court twice to use confidential uCloudlink documents produced in pretrial discovery in a trade secret misappropriation lawsuit in Shenzhen, China between SIMO subsidiary Skyroam Shenzhen…