As the battle between Oracle and Google approaches nearer to trial, the United States District Court for the Northern District of California has denied Google’s objection to the selection of the pool of jurors who will hear the trial. The district court previously notified Oracle and Google that the district…
In this patent infringement suit, the parties were unable to agree upon a written Electronically Stored Information (“ESI”) protocol. Before the protocol was executed, the district court ordered the parties to comply with all scheduling orders and production deadliness regardless of whether they had agreed upon a final written agreement…
Abaxis, Inc. (“Abaxis”) filed a patent infringement action against Cepheid asserting that Cepheid infringed four of Abaxis’ patents. In its answer, Cepheid asserted a defense of inequitable conduct and Abaxis moved to dismiss the defense. The United States District Court for the Northern District of California granted the motion. In…
In a patent case filed in the Western District of Wisconsin, Defendant Digecor, Inc. moved to dismiss plaintiff Hunts Point Ventures, Inc.’s complaint for failing to identify the asserted claims or the accused product. In granting the Defendant’s motion, the Court (J. Crabb) reiterated her well established practice of requiring…
After the Federal Circuit’s decision in Thereasense, Inc. v. Becton, Dickinson and Co., 2011 WL 2028255 (Fed. Cir. 2011), it appeared likely that it would be difficult, if not impossible, to proceed on an inequitable conduct claim. A recent decision from the United States District Court for the District of…
Plaintiff, Jan Voda, M.D. (“Dr. Voda”), filed a patent infringement action against Medtronic Inc. (“Medtronic”) based on a patent that taught how to use a guide catheter to perform angioplasty of the left coronary artery. After Dr. Voda filed an amended complaint adding an additional patent, Medtronic moved to dismiss…
In a patent dispute over a method for detecting fetal Down syndrome, the United States District Court for the District of Massachusetts invalidated the patent owner’s patent because it was anticipated and obvious. The patent at issue describes screening methods to determine Down syndrome in which physicians estimate the risk…
Plaintiffs and defendant manufacture machines that automatically inspect integrated circuits made on semiconductor wafers. Plaintiffs sued defendant for patent infringement and a jury found that the patent was valid and infringed, but did not find that the infringement was willful. After the jury verdict, the defendant notified its sales force…
In a patent infringement action, the district court granted defendants’ motion for summary judgment based on the on sale bar and dismissed plaintiff’s claims with prejudice. Defendants then requested that the district court find the case exceptional due plaintiff’s litigation misconduct. Based on that misconduct, the district court found that…
It is fast becoming clear that it is very difficult to transfer a patent infringement case out of the United States District Court for the District of Delaware when the defendant is incorporated in Delaware. In this case, Netgear sued Ruckus Wireless for patent infringement in the District of Delaware.…