The plaintiff filed a motion for protective order to prevent the deposition of its litigation counsel. The district court referred the motion for protective order to the special master for resolution. The special master framed the issue as whether, plaintiff’s litigation counsel, Mr. Chae should be required to provide testimony…
GemShares LLC filed a patent infringement action against Arthur Lipton and Secured Worldwide, LLC (SWW) on U.S. Patent No. 8,706,513 B2 (the ‘513 patent). The ‘513 patent is entitled “global investment grade for natural and synthetic gems used in financial investments and commercial trading and method of creating standardized baskets…
In this patent infringement case, Plaintiff and Counter-defendant Bal Seal Engineering, Inc. (“Bal Seal”) filed a joint stipulation pursuant to Local 37-2 moving to compel Defendant and Counterclaimant Nelson Products, Inc. (“NPI”) to provide further responses to Bal Seal’s Interrogatories. These included contention interrogatories (the “Contention Interrogatories”) seeking “all facts”…
After that analysis, the district court determined that it would join the majority of “district courts in the Ninth Circuit in finding that allegations of knowledge alone are not sufficient to state a claim for willful infringement. See XpertUniverse, Inc. v. Cisco Sys., Inc., No. 17-cv-03848-RS, 2017 WL 4551519, at…
The plaintiff, Realtime Adaptive Streaming LLC’s (“Realtime”) filed an ex parte application to file its Certification and Notice of Interested Parties under seal (the “Application”) at the beginning of this patent infringement case. Realtime asserted that it should be permitted to file the Certification under seal in order to keep…
Greatbatch moved in limine to preclude the defendant, AVX, from presenting the testimony of AVX’s expert, Dr. Panlener, by deposition. The district court concluded that permitting the expert to testify would deprive Greatbatch of the opportunity to challenge Dr. Panlener’s “credibility and would be unfairly prejudicial, under the totality of…
The Patent Litigation Group at Jeffer Mangels Butler & Mitchell LLP is pleased to announce that its Chair, Stan Gibson, will be speaking at PLI’s Electronic Discovery Institute 2017: What Corporate and Outside Counsel Need to Know. Stan’s panel will focus on the “Preservation of Electronically Stored Information (ESI).” The…
After this patent infringement action was filed, the defendant, BigCommerce, filed a motion to dismiss for failure to state a claim for relief pursuant to Fed.R.Civ.P. 12(b)(6). BigCommerce did not file a motion to transfer or to challenge at that time. After the district court ordered the plaintiff to file an…
In this patent infringement action, T-Mobile sought email discovery from seventeen named inventors of the asserted patents and the licensing executives involved in the parties’ FRAND negotiations. T-Mobile asserted that the discovery could reveal the inventors’ contemporaneous understanding of the invention and whether T-Mobile is an unwilling FRAND licensee. T-Mobile…
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,…