In the ongoing litigation war between Qualcomm and Apple, spanning multiple forums around the country, Qualcomm moved to exclude Apple’s technical experts’ reliance on certain license agreements by asserting that the agreement involved technology that was not sufficiently comparable. After reviewing the license agreements, the experts’ opinions, and the law,…
In a patent infringement action, Takeda Pharmaceuticals America, Inc., and Takeda Pharmaceuticals U.S.A., Inc.’s (collectively, “Takeda”) filed a motion to disqualify Baker Botts, L.L.P. (“Baker Botts”) from representing Defendants Zydus Pharmaceuticals (USA) Inc. and Cadila Healthcare Limited (collectively, “Zydus”). Takeda moved to disqualify Baker Botts from representing Zydus based on…
National Products, Inc. (“NPI”) filed a patent infringement action Akron Resources, Inc. (“Akron”), among others. The parties filed several cross motions for summary judgment, including a motion for summary judgment based on the failure to mark. As explained by the district court, the parties did not dispute that: “1) NPI…
In this patent infringement action, the plaintiff, Whirlpool Properties (“Whirlpool”) noticed several depositions of third-party witnesses near the discovery cut-off. The defendant, Filters Fast, moved for an order to stop the depositions. As explained by the district court, “[t]he crux of the pending motion is that the Whirlpool Plaintiffs emailed…
After that analysis, the district court determined that it would join the majority of “district courts in the Ninth Circuit in finding that allegations of knowledge alone are not sufficient to state a claim for willful infringement. See XpertUniverse, Inc. v. Cisco Sys., Inc., No. 17-cv-03848-RS, 2017 WL 4551519, at…
In this patent infringement action, Plaintiff Wright’s Well Control Services, LLC (WWCS) filed a motion to voluntarily dismiss defendant Christopher Mancini pursuant to Federal Rule of Civil Procedure 41(a)(2) with prejudice, but with a “reservation of all rights and actions against co-defendant Oceaneering International, Inc., and any other parties and…
Defendant Baker Hughes Incorporated (“Baker Hughes”) filed five inter partes review (“IPR”) proceedings before the Patent Trial and Appeal Board (“PTAB”) asserting that the plaintiff Lubrizol’s patents were invalid because of obviousness. Baker Hughes and a third-party, Flowchem LLC (“Flowchem”) had previously produced documents in the underlying case that they…
In this patent infringement action, MMEI, owns U.S. patent 6,234,099 (“the ‘099 patent”). Fineline Industries, Inc. (“Fineline Inc.”) entered into a license agreement with MMEI that permitted Fineline Inc. to use the ‘099 patent for its products for the payment of royalties The agreement also provided that any change of…
Huawei and Blackberry filed motions to compel seeking the factual material that the plaintiff, SPH, had relied upon to support its infringement contentions. SPH opposed the motion to compel, arguing that Defendants’ requests seek the universe of documents that SPH’s litigation counsel reviewed and considered to formulate the infringement contentions.…
The defendant filed a motion to strike part of the plaintiff’s initial infringement contentions, focusing on infringement under the doctrine of equivalents and indirect infringement. The defendant asserted that the Local Patent Rules required an explanation of the infringement and plaintiff’s contentions provided none. The district court noted that Local…