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Articles Posted in E.D. Texas

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Versata v. SAP: Stay of $390 Million Judgment Denied Even Though PTAB Found Patent Invalid

After the jury returned a verdict of approximately $390 million against SAP and the verdict was affirmed on appeal, the Patent Trial and Appeal Board (“PTAB”) preliminarily invalidated the patent (subject to appeal to the Federal Circuit). As a result, SAP moved to stay the execution of the judgment or,…

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Motion to Redact Transcripts in Patent Case Denied Where Information Was Disclosed in Open Court

In this patent infringement action, both parties moved to redact information from the transcripts and both motions were unopposed. The district court found that the information should be redacted because it had been disclosed in open court. In reaching this conclusion, the district court noted that there were procedures in…

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VirnetX v. Apple: Court Grants Enhanced Ongoing Royalty Based on Disparity Between Position at Trial and Position Post-Judgment on Non-Infringing Alternatives

On August 11, 2010, VirnetX filed suit alleging that Apple and several other defendants infringed several U.S. Patents, which generally describe a method for transparently creating a virtual private network (“VPN”) between a client computer and a target computer or disclosing a secure domain name service. The accused products were…

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Summary Judgment Motion Denied Where Expert’s Opinion Established a Triable Issue of Fact on Infringement

Geotag, Inc (“Geotag”) filed a patent infringement action against Frontier Communications Corp. (“Frontier”). Frontier filed a motion for summary judgment of non-infringement, arguing that no triable issue of material fact exists as to whether their accused products practice the limitations of U.S. Patent No. 5,930,474 (“the ‘474 Patent”) requiring topical…

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Extensive Prior Examination of Patent-In-Suit Justifies Denial of Stay Pending CBM Review before Patent Office

VirtualAgility, Inc. (“VirtualAgility) filed a patent infringement action against Salesforce.com, Inc. (“Salesforce”) over a patent purporting to cover processes and tools that provide a common framework for communicating effectively across diverse groups within an organization and for assessing key elements of the organization’s business. VirtualAgility sells cloud-based enterprise-level information technology…

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District Court Excludes Royalty Calculation of Defense Expert Where Expert Used an Incorrect Date for the Hypothetical Negotiation

As Cassidian Communications, Inc.’s (“Cassidian”) patent infringement case against Microdata GIS, Inc. (“Microdata”) moved toward trial, Cassidian moved to exclude the testimony of defendants’ expert. The motion to exclude was based on the argument that the expert report was fatally flawed in that it calculated a reasonable royalty based on…

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District Court Excludes Patent Quality Inventor Study that Ranked Inventor of Patents-in-Suit as “Top Rated Inventor” But Denies Motion to Stay Pending Inter Partes Review Filed on Eve of Trial

Personalized Media Communications, LLC “PMC”) filed a patent infringement action against Zynga, Inc. (“Zynga”). Prior to trial, PMC sought to use an exhibit created by Ocean Tomo, entitled “Patent Quality Inventor Study.” The study purported to rank “John Harvey (the inventor of the patents in suit) as the “top rated…

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Motion for Leave to Amend Infringement Contentions Denied Where Plaintiff Sought to Add Thousands of New Products

Plaintiff Keranos, LLC (“Keranos”) alleged that Silicon Storage Technology (“Silicon Storage”) and other defendants infringed three related patents by manufacturing certain flash memory products. Keranos sought leave to amend its infringement contentions to add additional products that the defendants disclosed during discovery. As explained by the district court, the Eastern…

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Adobe Moved to Disqualify Opposing Counsel Where Counsel Had Done Opinion Work and Had Never Sent a Letter Terminating the Relationship Before It Took Matter Adverse to Adobe

Plaintiff TQP Development, LLC (“TQP”) filed a patent infringement action against Adobe Systems Incorporated (“Adobe”). TQP was represented by the law firm of Russ August & Kabat in the action against Adobe (“RAK”). Based on the fact that RAK had previously represented Adobe in opinion work, Adobe moved to disqualify…

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After a Jury Found Plaintiff’s Patents Infringed and Awarded Damages, Defendants Renewed a Motion for Indefiniteness Based on Term “Look and Feel” in Patent

DDR Holdings, LLC (“DDR”) filed a patent infringement action against multiple defendants alleging infringement of U.S. patent Nos. 6,629,135 (“the ‘135 patent”) and 6,993,572 (“the ‘572 patent”). The case went to trial on October 8, 2012 against Digital River, Inc. (“Digital River, Inc. (“Digital River”), National Leisure Group, Inc., and…

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