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Articles Posted in E.D. Texas

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Imperium v. Apple: Seventy-Four Products Added Against Apple on Motion for Leave to Amend Infringement Contentions Even Though Trial Set for April 2013

Plaintiff Imperium (IP) Holdings, Inc. (“Imperium”) filed a patent infringement action accusing eight defendants of infringing several patents. With respect to Apple, Imperium asserted that Apple infringed all of the patents-in-suit and listed the iPhone 3G, specifically. Imperium subsequently provided detailed claim charts setting forth Imperium’s theory of infringement in…

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Court Strikes Infringement Contentions for Adding New Products and Then Strikes Back Door Attempt to Include Stricken Products in the Expert Report

In this patent infringement action between Eon Corp. (“Eon”) and Alcatel-Lucent (“ALU”), among others, Eon served patent infringement contentions, which were repeatedly challenged by ALU and other defendants. As part of this process, Eon filed a further amended complaint against ALU alleging indirect infringement. In this amended complaint, ALU did…

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Court Severs Defendants in Multi-Defendant Action But Then Consolidates the Severed Cases

Plaintiff Oasis Research, LLC (“Oasis”) filed a patent infringement action against twelve defendants alleging infringement of four patents. Generally, the patents claim methods for allowing a home computer user to remotely connect to an online service system for external data and program storage in addition to increased processing capabilities in…

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Apple Files Motion for Protective Order to Stop Deposition in Progress: Court Denies the Motion and Sanctions Apple, Including a Potential Waiver of Attorney-Client Privilege and Adverse Inference Instructions to Remedy the Misconduct in Stopping the Dep

The plaintiff filed a patent infringement action against several companies, including Apple, asserting infringement of its 6,502,135 patent (the “‘135 patent”). The ‘135 patent claims systems and methods that create a VPN based on a DNS request. The plaintiff claimed that Apple attempted to patent identical ideas in its own…

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Soverain Software v. J.C. Penney: Denying Summary Judgment of Non-Infringement of E-Commerce Patent Based on Divided Infringement Theory

Plaintiff Soverain Software alleged infringement of patents relating to e-commerce transactions over the Internet involving the use of a shopping cart and online statements. The claims at issue required a system with a client-side buyer computer that was programmed to receive requests. Defendants contended that they were entitled to judgment…

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Eastern District of Texas Orders Parties to Address Issues Pertaining to Consolidating “Serially” Filed Patent Infringement Cases on the Same Patent Against Different Defendants

The plaintiff filed several patent infringement actions against different defendants in the Eastern District of Texas. Because of the America Invents Act (“AIA”), the plaintiff filed the actions separately. The district court scheduled a combined scheduling conference for the separate cases and prior to the scheduling conference requested that the…

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Court Denies Provision of Protective Order That Would Restrict Transmission of Protected Information Outside of the United States

In this patent infringement action, the district court analyzed the parties’ disputes regarding whether a protective order should include a provision to restrict the transmission of center sensitive documents outside of the United States. The defendants requested a provision in the protective order that would preclude the transmission of highly…

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Parallel Networks Cases Centralized in the Eastern District of Texas Over Parallel Networks Objection

Parallel Networks had several lawsuits pending against different defendants in different district courts. The pending litigations consisted of nine actions, pending in the Eastern District of Texas and the District of Delaware. Four defendants sought centralization of the litigation in the Eastern District of Texas. Three of the District of…

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Damage Expert Opinion Allowed Where Expert Properly Apportioned the Value Between the Patented Feature and the Unpatented Features of the Accused Products

Plaintiff retained an expert to opine on damages arising from the defendants’ alleged infringement of the asserted patents. The defendants moved to exclude the expert report on two grounds: (1) the expert failed to properly apportion the value of the patented features; and (2) the expert misapplied the market value…

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Court Denied Motion to Exclude Expert Testimony That Relied on Consumer Survey to Establish Evidence of Infringement

Pact XPP Technologies (“Pact”) filed a patent infringement action against Xilinx, Inc. (“Xilinx”) and other defendants. Xilinx filed a motion to exclude Pact’s expert’s testimony on inducement. Pact claimed that the defendants induced Xilinx customers to infringe the asserted patents and presented expert witness to offer an opinion that Xilinx…

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