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Articles Posted in N.D. California

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Motion for Sanctions Based on Threats of Counsel to Reexamine Patents and to Take Other Action Against Outside Counsel, Although at Best “Silly Posturing and at Worst Unprofessional,” Insufficient to Justify Sanctions Because of First Amendment

Plaintiff Vasudevan Software, Inc. (“VSi”) filed a motion for sanctions against defendant MicroStrategy (“MS”). The sanctions motion was based on statements that VSi characterized as threats against both VSi and its counsel by an outside counsel and a principal of MS, in conjunction with MS’s filing of a request for…

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Apple v. Samsung: The Next Round Begins in District Court with the Court Ordering the Case Streamlined Limiting Each Side to Twenty-Five Asserted Claims and Accused Products and Stating “the Court Will Not Permit the Parties to Involve over Fifty Experts

In the next round of litigation in the ongoing war between Apple and Samsung over Smartphones, the district court ordered the parties to file a joint status report to address whether the new action should be stayed pending the appeal in the prior litigation. As explained by the district court,…

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Plaintiff’s Initiation of ITC Investigation Leads to Stay of District Court Case, including Stay of Patent not Involved in ITC Investigation

Avago Technologies (“Avago”) filed a patent infringement action against IPtronics, Inc. (“IPtronics”) asserting infringement of two U.S. Patents, patent nos. 5,359,447 (the ‘447 patent) and the 6,947,456 (the ‘456 patent) in the United States District Court for the Northern District of California. After a second amended complaint was filed, Avago…

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Watch What You Say to the Press: Statements by Executives That Design-Arounds Were Already In Place Justifies Denial of Stay of Permanent Injunction

After the jury found defendant A10 Networks (“A10”) liable for misappropriation of trade secrets and infringement of patents owned by Brocade Communications Systems, Inc. et al (“Brocade”), the court entered two permanent injunctions against A10, one that prohibited additional patent infringement and another that applied to the misappropriation of trade…

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Judge in Northern District of California Advises Parties That Federal Circuit’s Model Order on E-Discovery Is a Presumptive Starting Point for E-Discovery Orders

Positive Technologies, Inc. (“Positive Technologies”) filed a patent infringement action against Sony Electronics and Amazon, among others. Amazon filed a motion for entry of the Federal Circuit Advisory Council’s Model Order regarding E-Discovery in Patent Cases (the “Model Order”). The Model Order provides for specific limits on e-discovery. There are…

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Allegations of Inducing Infringement Insufficient Where Plaintiff Failed to Plead Allegations Sufficient to Support an Inference of Intent to Induce Infringement

Plaintiff Benjamin Grobler (“Grobler”) filed a patent infringement action against Sony Computer Entertainment America LLC (“Sony”) alleging direct and indirect (both inducing and contributory) infringement. Grobler subsequently filed an amended complaint that removed the contributory infringement claim and asserted a claim for indirect infringement limited to inducing infringement. Sonly filed…

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Apple v. Samsung: The District Court Issues Its Final Rulings Denying Motions for New Trial and Finding No Willful Infringement; Next Stop the Federal Circuit

In a set of mixed rulings for the parties, the district court denied the parties’ motions for new trial, found Samsung did not willfully infringe Apple’s patents, invalidated certain claims of one of Samsung’s patents, denied Samsung’s motion for indefiniteness of certain of Apple’s patents and denied Apple’s motion for…

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Brocade v. A10 Networks: Brocade Granted Permanent Injunction as It Satisfied Causal Nexus Requirement by Showing that It Practiced Its Patent, that A10 Was a Direct Competitor and that It Does Not License Its Patents

After the recent Federal Circuit decision in the Apple v. Samsung case and the district court’s application of that reasoning to find that a permanent injunction should not issue in Apple’s favor, many predicted that it would be very difficult to obtain a permanent injunction in patent cases going forward…

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Danisco v. Novozymes: Declaratory Judgment Action for Non-Infringement and Invalidity Improper and Dismissed Where Action Was Filed Prior to or Simultaneously with the Issuance of the Patent

Danisco US, Inc. (“Danisco”) filed a declaratory judgment action asserting that its Rapid Starch Liquefaction products (“RSL products”) do not infringe certain patents held by Novozymes and that the patent-in-suit is invalid. Danisco and Novoyzymes are two of the major competitors in the field of developing and supplying industrial enzymes…

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California Court: Allegations That Defendant Used Product Is Sufficient To Plead Claim for Direct Infringement of Method Claims

In a patent case pending before Judge Koh in the Northern District of California, Defendant Pinnaclife Inc. (“Pinnaclife”) moved pursuant to Rule 12(b)(6) to dismiss Plaintiff CreAgri, Inc. (“CreAgri”) infringement claims under Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007) and Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949…

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