In a recent development in patent litigation, the district court has granted a motion to dismiss counterclaims in a case involving U.S. Patent No. 10,519,668 (“the ‘668 Patent”). The decision sheds light on the importance of adhering to meet and confer obligations, as well as the consequences of non-compliance. Background:…
In this patent infringement action, plaintiff Performance Chemical Company (“PCC”) filed a motion for sanctions based on defendant, True Chemical Solutions (“True Chem”) concealing of evidence until a few weeks before trial. In analyzing the motion, the district court noted that the allegations of misconduct were largely undisputed: What distinguishes…
SIMO Holdings Inc. (“SIMO”) prevailed on its patent infringement claims against defendant Hong Kong uCloudlink Network Technology Limited (“uCloudlink”) at trial. SIMO asked the district court twice to use confidential uCloudlink documents produced in pretrial discovery in a trade secret misappropriation lawsuit in Shenzhen, China between SIMO subsidiary Skyroam Shenzhen…
In this patent infringement action, Plaintiffs Brian Horowitz and Creative Outdoor Distributors USA Inc. (the “Plaintiffs”) filed a motion for sanctions against Defendant Yishun Chen (“Yishun”) and his counsel, David Lin (“Lin”) for alleged misconduct that took place during the depositions of defendants. The court had previously granted a motion…
After all parties agreed to settle the case, the parties jointly moved to vacate a sanctions order. The district court declined to vacate the sanctions order, even though plaintiff’s counsel had apparently complied with the order, because the order was entered by a prior judge in a detailed ruling. After…
The district court briefly summarized this patent infringement action that it found frivolous as follows: “In the 1990’s, Segan invented a system for people to browse the Internet. Today, Zynga makes video games that people can play while on Facebook. People don’t browse the Internet while playing Zynga games on…
After trial, HTC Corporation and HTC America, Inc. (“HTC”) filed a motion seeking to recover attorney fees and costs from plaintiff’s attorneys as well as from plaintiff Intellect Wireless, Inc. (“IW”). IW withdrew its initial opposition and conceded that the case was exceptional within the meaning of the Patent Act.…
In an earlier filed decision, the district court had previously found that Escort and its defense counsel had knowingly misled the plaintiff, Fleming, which warranted a sanction of attorney fees. As explained by the district court, “they falsely claimed that the source code identified as ESC17363 was the current operating…
In this patent infringement action, the plaintiff filed a motion for entry of a standard protective order after the defendant would not agree to sign a stipulated protective order. As explained by the district court, the plaintiffs sued defendants, alleging that they infringed on several patents. After the lawsuit was…
In this patent infringement action between MAG Aerospace Industries, Inc. (“MAG”) and B/E Aerospace, Inc. (“B/E”), MAG filed an ex parte motion as a result of conduct during a deposition. The court began its analysis of the motion by reminding the parties that “[a] deposition is a judicial proceeding that…