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Articles Posted in E.D. Texas

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Leave of Court Required Before Summary Judgment Motion Can Be Filed Denied Where “Look and Feel” of a Website Was Not Indefinite

In a case pending in the United States District Court for the Eastern District of Texas, the district court entered an order that leave of court must be obtained before a summary judgment motion may be filed. Defendant filed a letter brief with the district court seeking leave to file…

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Plaintiff Gives Thanks That Texas Court Denied Prevailing Defendants Their Attorneys’ Fees Despite Plaintiff’s Claim Construction and Infringement Theories That “Stretch[ed] the Bounds of Reasonableness”

In three patent cases brought by the same plaintiff, Raylon LLC, against numerous defendants, Judge Davis of the Eastern District of Texas denied Rule 11 sanctions and motions for attorneys’ fees under Section 285 of the Patent Statute, and Section 1927 of Title 28. Following the grant of summary judgment…

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Motion to Stay Based on Customer Suit Exception Denied as Premature Where Infringement Contentions Had Not Yet Been Served

The plaintiff sued over 500 defendants for patent infringement in multiple actions in the United States District Court for the Eastern District of Texas. The patent-at-issue claims a “‘software interface’ that may provide a ‘map of a selected geographic area’ such that ‘information which is associated with particular geographic locations,’…

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Recommendation to Deny Transfer Motion Where Private and Public Interest Factors Were Neutral and Therefore Defendants Did not Meet Burden to Show Proposed District Was More Convenient Than Eastern District of Texas

Round Rock Research (“Round Rock”) purchased approximately 4500 patents from Micron Technology. Round Rock then sued Dell and Oracle on certain of these patents for patent infringement in the United States District Court for the Eastern District of Texas. Within a few months of the filing of the lawsuit, Dell…

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Defendants Proximity to Delaware Leads to Transfer Out of the Eastern District of Texas

Plaintiff filed a patent infringement lawsuit against a number of defendants in the Eastern District of Texas. Defendants moved to transfer the case to either the Central District of California or the District of Delaware. Plaintiff maintains its principal place of business in Connecticut and is incorporated in Delaware. The…

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Doubling of Ongoing Royalty Rate Justified by Taiwan Company’s CEO’s Comments to the Press

Plaintiff Mondis Technology LTD. (“Mondis”) filed a patent infringement action against Chimei Innolux Corp. (“Chimei”). The case proceeded to trial before a jury and the jury found a number of claims valid and infringed by Chimei. The jury also found several claims invalid and not infringed by Chimei. With respect…

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Methods Claims for E-Mail Processing Survive a Challenge to Patentability Under Bilski

Plaintiff, Innova Patent Licensing, LLC (“Innova”) filed a patent infringement action against Alcatel-Lucent Holdings (“Alcatel”) for a patent claiming methods for using a mail processing program to scan electronic messages to obtain additional information. Alcatel challenged the patent on the ground that it did not claim eligible subject matter under…

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Did Plaintiff’s Counsel Violate the Golden Rule Justifying a New Trial? Court Says No Based on a “–“

Plaintiff Bruce Saffran, M.D. (“Dr. Saffran”) filed a patent infringement case against Johnson & Johnson. After a jury trial, the jury returned a verdict in favor of Dr. Saffran finding that the patent was valid and that Johnson & Johnson had willfully infringed the patent. The jury found damages in…

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TiVo Raises Claims of Inequitable Conduct That Survive Dismissal

TiVo filed a patent infringement action against Verizon and Verizon counterclaimed alleging that TiVo infringed six of its patents. TiVo raised inequitable conduct counterclaims against certain of the Verizon patents. Verizon filed a motion to dismiss, which the district court granted under the principles set forth in Exergen Corp. v.…

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Direct and Indirect Infringement Contentions Survive Motion to Dismiss Where Defendants’ Customers Are Identified as Direct Infringers

Plaintiff filed a patent infringement action based on patents for wireless communications networks and a system and method for monitoring and controlling remote devices. Defendants moved to dismiss the plaintiff’s claims for direct infringement and for inducing and contributory infringement based on the argument that plaintiff failed to identify a…

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