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Articles Posted in E.D. Texas

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Even after Jury Trial and Final Judgment in Favor of Patent Owner, Collateral Estoppel of Invalidity from a Subsequent, Other Proceeding Applies

The plaintiff, U.S. Ethernet Innovations, LLC (“USEI”), filed a patent infringement action against several defendants in the Eastern District of Texas. The district court then transferred the cases to the Northern District of California. While litigation in the Northern District of California proceeded, USEI filed another patent infringement case against…

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District Court Denies Motion in Limine Seeking to Preclude Advice of Counsel Defense Even Though Plaintiff Was not Able to Obtain Information about the Defense During Discovery

The Plaintiff filed a motion in limine seeking the district court to preclude the Defendant from offering at trial any testimony regarding the Defendant’s opinion of counsel defense that was not disclosed during discovery. As explained by the district court, the Plaintiff also alleged that the Defendant selectively produced certain…

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Court Denies Motion to Stay Pending New Inter Partes Review (“IPR”) Denied Where PTO Had Previously Declined to Institute an IPR on Asserted Claims and Trial Was Rapidly Approaching

The defendant, Samsung, had previously filed IPRs on several of plaintiff’s patents, which were granted and denied in part. After the plaintiff reduced its asserted claims to those that the PTO had declined to institute review, Samsung filed an additional IPR to challenging the asserted claims and moved to stay…

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Smartflash v. Apple: District Court Excludes Damage Theory Based on Survey Responses That Were Insufficient to Show That the Patented Feature Alone Motivated Survey Respondents to Purchase the Accused Devices

Plaintiffs Smartflash LLC and Smartflash Technologies Limited (collectively “Smartflash”) filed patent infringement actions against Apple, Inc. (“Apple”), Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Telecommunications America, LLC (collectively “Samsung”), HTC Corporation, HTC America, Inc., and Exedea, Inc. (collectively “HTC”) (all collectively “Defendants”) alleging infringement of several patents. Smartflash’s…

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Daubert Challenge to Damage Expert Denied Where Contested Matters Were for Cross-Examination and Not Proper for Exclusion

In this patent infringement action, Apple challenged the opinions of the plaintiff’s damage expert on several bases, including the determination of a royalty rate based on the price of third-party applications. First, Apple contended that the expert’s, Mr. Bratic’s, “analysis is deficient and unreliable because MTEL’s technical expert categorically stated…

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Laches Defense Denied Where Texas Instruments Failed to Produce Products that Demonstrated Notice During Discovery and Texas Instruments Failed to Make Showing of Economic Prejudice

At the end of trial, the Defendant, Texas Instruments Incorporated’s (“TI”), pursued its equitable defense of laches, the only remaining issue left in this patent infringement case. The district court conduced an evidentiary hearing on laches at which the district court heard the live testimony of five witnesses and also…

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Court Excludes PTAB Decision That Conflicts With Prior Final District Court Judgment

In Affinity Labs of Texas, LLC v. Ford Motor Co., Affinity moved in limine to exclude any reference to the decision of the PTAB regarding an inter partes reexamination filed by a defendant in an earlier case involving a related patent, i.e.., one stemming from the same application and thus…

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Motion for Summary Judgment Based on Apple License as Defense Denied Where Apple Products Were Not Used to Satisfy Any Claim Element

In this patent infringement action between Personal Audio (“Personal Audio”) and Togi Entertainment, Inc. (“Togi”), the defendants filed a motion for summary judgment based on a license defense. They requested summary judgment “to the extent Plaintiff’s claims involve Apple software, products, systems, or services, all of which were previously licensed…

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Court Rejects Exhibit Lists and Objections That Would “Require a Judge to Shovel Through Steaming Mounds of Objections” and Orders Objections Waived

As this patent infringement action headed to trial, the district court scolded both parties for their exhibit lists and, in particular, the objections to the exhibit lists. The district court explained that “Affinity has submitted a 39 page list of 979 exhibits. Out of the first 360 exhibits Ford objected…

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Court Excludes Defense Damage Expert’s Royalty Base Where Expert Based Royalty Base Solely on “Inventive Aspects” of Patent and Not on All Claimed Elements

ThinkOptics, Inc. (“ThinkOptics”) filed a patent infringement action accusing several Defendants of infringing three patents: U.S. Patent Nos. 7,796,116; 7,852,317; and 7,864,159. As explained by the district court, “[t]he three patents share a common specification and are directed to systems and methods for displaying and moving a cursor on a…

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