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Articles Posted in N.D. California

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Abaxis v. Cephied: Technical Expert Allowed to Testify Even Though He Had No Personal Experience with Technology but Opinions on Commercial Success and Copying Excluded

Plaintiff Abaxis, Inc. (“Abaxis”) moved to exclude the testimony of Cepheid’s technical expert because the expert had no personal experience with the technology at issue and because the expert was offering opinions on commercial success and copying. The district court granted the motion in part and denied the motion in…

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Apple v. Samsung: Third-Party Licenses Become Public and IBM’s License Data Is No Exception

The ongoing patent dispute between Apple and Samsung will have significant consequences for both companies but the impacts do not stop with just those two. During the jury trial, many third parties are likely to have data revealed about their own practices as the court has been reluctant to prohibit…

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Sling Media Successfully Moves to Strike Plaintiff’s Infringement Contentions

In this patent infringement action, the plaintiff sued Sling Media over patents that relate to technology for distributed computer devices that communicate in a networked environment in a secure and efficient manner. The plaintiff served preliminary infringement contentions and Sling Media subsequently moved to strike those contentions. Sling Media asserted…

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Apple v. Samsung: The District Court Strikes Parts of Apple’s and Samsung’s Experts Reports

In this ongoing patent infringement battle between Samsung and Apple, both parties moves to strike the other’s expert reports. Because of the time sensitive nature of the motions to strike the experts due to the proximity of trial, the court did not address the motions in detail but did make…

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Claims for Inducing Infringement and Willful Infringement Dismissed Based on Failure to Plead Sufficient Facts

Defendant TIBCO Software Inc. (“TIBCO”) moved to dismiss plaintiff’s claims for inducing infringement and willful infringement. Plaintiff’s complaint alleged that “TIBCO is ‘inducing its customers to directly infringe the ‘864 Patent by providing its customers and others with detailed explanations, instructions, and information as to arrangements, applications, and use of…

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