In this patent infringement action, the Regents of the University of California (“the Regents”) alleged that defendant LTI Flexible Products, Inc., d/b/a Boyd Corporation (“Boyd”) improperly claimed ownership of a patent that the Regents owned and manufactured and sold technology that infringed the patent. Boyd moved to dismiss the complaint…
Articles Posted in N.D. California
District Court Adopts Recommendation of Special Master Awarding Reasonable Attorney’s Fees Based on Flat Fee Agreement
Following Straight Path IP Group’s, the patent owner’s, unsuccessful appeal, Apple and Cisco moved for reasonable attorney’s fees. Although the district court reaffirmed the exceptionality of the patent owner’s prosecution of the case, the district court found that defendants’ fee requests were too high and directed the parties to submit…
Special Master Recommends Fee Award Based on Flat Fee Agreement But Cuts Amount of Reasonable Attorney’s Fees Based on Lack Documentation
The district court appointed a special master to resolve the amount of attorney’s fees to which Defendants, including Cisco, were entitled. As the special master noted, the fees claimed by Cisco were paid under an alternative flat monthly fee arrangement with its counsel, which in recent years, have increased as…
Unwired v. Apple: District Court Sanctions Unwired for Failing to Produce Supplemental Information after Remand
During this patent infringement action, Apple filed a motion for discovery sanctions based on a failure to produce documents after a remand. The parties apparently had agreed to limited discovery post-remand, but a dispute arose over whether discovery before remand should be supplemented or corrected. As the district court explained,…
District Court Denies Motion to Stay Pending Ex Parte Reexamination Where Defendant Did Not Pursue Inter Partes Review
After filing an ex parte reexamination with the Patent Office, the defendant filed a motion to stay the action pending the ex parte reexamination. In analyzing the request to stay the action, the district court noted that “[t]he decision of whether to stay this case during the potential ex parte…
Personal Web v. IBM: IBM’s Motion to Compel Documents from Privilege Log Denied Where Motion Was Filed After Discovery Cut-Off
In this patent infringement action, IBM filed a motion to compel production of certain documents that were withheld as privileged. IBM contend that time was of the essence when it filed its motion. The district court was not persuaded by the urgency of the request or that time “was of…
District Court Denies Motion for Preliminary Injunction Where the Plaintiff Did Not Show Specific Facts of Lost Sales or Injury to Goodwill
Plaintiff, D Now, Inc. (D-Now), obtained an exclusive license to U.S. Patent No. 8,795,020, which claims a bubble blowing tube. D Now filed a patent infringement action against defendants TPF Toys Limited and TPF Toys LLC (collectively “TPF”). As explained by the district court, “[b]oth parties sell the bubble blowing…
District Court Orders Additional Claim Construction Briefing After Plaintiff Appeared to Argue a Different Position in Other Litigation
After the district court conducted a claim construction hearing (but before it issued an order), the district court stayed the litigation between Finjan and Symantec pending a decision by the PTAB regarding whether to institute an inter partes review (“IPR”) over the asserted patents. When the district court lifted the…
Oracle v. Google: Violation of Protective Order to Disclose Confidential Information in Open Court
In this long standing litigation between Oracle and Google, a dispute arose over the protective order and whether the disclosure of certain information violated the terms of the protective order when it was disclosed in open court. The district court explained that “[b]y long tradition, when a lawyer wishes to…
District Court Declines to Vacate Ruling That Patent Is Invalid for Covering Unpatentable Abstract Ideas after the Parties Settled the Case with an Appeal to the Federal Circuit Pending
The Plaintiffs filed a patent infringement action against the defendant, Netskope, accusing Netskope of infringing U.S. Patent Number 7,305,707 (the “707 Patent”). Netskope filed a motion for judgment on the pleadings, which the district court granted finding that the asserted claims for the 707 Patent were unpatentable abstract ideas. The…