In this patent infringement action between Chrimar Systems, Inc. (“Chrimar”) and Alcatel-Lucent USA, Inc. (“Lucent”). Lucent sought production of the damages expert report of Plaintiffs’ damages expert, Robert Mills, that was created for a litigation currently pending in the Northern District of California. Chrimar opposed the request on the ground…
The defendant, Echoworx, brought a motion to strike ZixCorp’s infringement contentions. ZixCorp had served its original infringement contentions on Echoworx, contending that the elements of the patent-in-suit are software limitations, and stated that it intended to supplement its infringement contentions after Echoworx produced source code for each of Echoworx’s accused…
After the plaintiff filed a Second Amended Complaint against Fieldpiece Instruments, Inc. (“Defendant”) for patent infringement, the Defendant filed its an answer raising a series of affirmative defenses to Plaintiff’s claims. The Plaintiff then moved to strike several of the Defendant’s affirmative defenses as insufficient or improper under Fed. R.…
After the plaintiff filed suit against the defendants for patent infringement, the defendants contended that they uncovered during discovery a series of e-mails demonstrating that in 2011, plaintiff engaged plaintiff’s attorney, Mr. Alan Fisch, to negotiate the sale of its patent portfolio to third parties. Defendants subsequently moved to compel…
Metaswitch moved to exclude evidence of copying from a patent infringement action filed against it by Genband. Genband asserted during the pretrial process that it was seeking to introduce evidence of copying as an indication of nonobviousness. The district court determined that evidence of alleged copying should be admitted “because…
Defendants Metaswitch Networks Ltd and Metaswitch Networks Corp. (“Metaswitch”) filed a motion to strike plaintiff’s expert opinions of Mr. Lanning, including his opinions that the patents in suit claim patent-eligible subject matter under 35 U.S.C. § 101. In analyzing the motion to strike, the district court noted that “[t]he ultimate…
Plaintiff Better Mouse Company’s (“Better Mouse”) filed a motion to strike portions of the rebuttal expert report and exclude testimony of Richard Eichmann. Better Mouse asserted that the district court should exclude Mr. Eichmann’s testimony stating that he determined the value of U.S. Patent No. 7,532,200 (the Asserted Patent or…
The plaintiffs, Chrimar Systems, Inc. and Chrimar Holding Company, LLC (“Chrimar”), filed a motion to reconsider the district court’s order granting Ruckus Wireless, Inc.’s (“Ruckus”) motion to transfer venue to the Northern District of California. In the motion to reconsider, Chrimar requested that the district court modify its transfer order…
Plaintiff eDekka LLC (“eDekka”) sued a large number of defendants in Eastern District of Texas alleging infringement of U.S. Patent No. 6,266,674 (“the ‘674 Patent”) titled “Random Access Information Retrieval Utilizing User Defined Labels.” As explained by the district court, the ‘674 Patent relates to storing and labeling information and…
On November 17, 2015, during a deposition of a fact witness, counsel for the plaintiff, Ericsson Inc. (“Ericsson”), attempted to question the witness regarding a litigation hold memorandum (the “memo”). Counsel for the plaintiff stated that she inquired as to the existence of such a memo, the date received, if…