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,…
In this patent infringement action, Plaintiff Wright’s Well Control Services, LLC (WWCS) filed a motion to voluntarily dismiss defendant Christopher Mancini pursuant to Federal Rule of Civil Procedure 41(a)(2) with prejudice, but with a “reservation of all rights and actions against co-defendant Oceaneering International, Inc., and any other parties and…
After the defendants Ingenico S.A.’s, Ingenico Corp.’s, and Ingenico Inc.’s (the “Ingenico Defendants”) prevailed at trial, the defendants filed a Motion to Declare this an Exceptional Case and For Attorney’s Fees Pursuant to 35 U.S.C. § 285. The district court began its analysis by noting that “[d]istrict courts may determine…
The plaintiff Alexsam, Inc. (“Alexsam”) filed an ex parte application to compel compliance with a subpoena to produce documents against a third party to the action, MasterCard. Alexsam had first served a Rule 45 subpoena on MasterCard several months earlier but had not received the documents it requested. Alexsam contended…