The defendant filed a motion to strike part of the plaintiff’s initial infringement contentions, focusing on infringement under the doctrine of equivalents and indirect infringement. The defendant asserted that the Local Patent Rules required an explanation of the infringement and plaintiff’s contentions provided none. The district court noted that Local…
The plaintiff filed a complaint against the defendant for patent infringement, trade dress infringement and unfair competition, among other claims, based on the defendants’ marketing and selling of portable vaporizers. The plaintiff contended the portable vaporizers incorporated the plaintiff’s technology. After serving discovery, the defendants filed a motion to compel…
In this patent infringement action, the Defendant, GHP Group, Inc. (“GHP”), hired the Plaintiff’s, ProCom Heating, Inc. (“ProCom”), president during the litigation. The Plaintiff then filed a request for a temporary restraining order and a preliminary injunction to preclude the Defendant from discussing the case with the Plaintiff’s former president.…
Jeffer Mangels Butler & Mitchell LLP is pleased to announce that Joseph J. Mellema has joined the Firm as Of Counsel in the Patent Litigation Group. Mellema will be resident in the Firm’s Orange County office. Mellema focuses on the protection and enforcement of all intellectual property rights, including patents,…
In this patent infringement action, the Defendant moved for dismissal based on collateral estoppel and Alice contending that a prior district court had found the patents invalid for lack of patentable subject matter. Before applying the two-step Alice test, the district court took “judicial notice of the fact that Patent…
In earlier patent infringement litigation, the Plaintiff sued Ancestry.com DNA, LLC (“Ancestry”) in the District of Delaware (“Delaware litigation”) alleging infringement of U.S. Patent Number 8,221,381 (the “‘381 patent”). Ancestry subsequently filed an IPR seeking review of several claims of the ‘381 patent, and the PTAB issued an institution decision…
In this patent infringement action, the defendant, High 5 Games (“High 5”), moved for an order overruling the plaintiff’s, Konami Gaming, Inc. (“Konami”), objection to an expert witness viewing confidential information. In the alternative, High 5 moved to amend the stipulated protective order signed by the parties. As explained by…
DraftKings filed a motion to stay discovery until the district court had an opportunity to rule on the a motion to dismiss. The motion to dismiss asserted that all of the ten patents-in-suit were invalid because they claimed patent-ineligible subject matter. CG Technology opposed the motion. The district court began…
In this long standing litigation between Oracle and Google, a dispute arose over the protective order and whether the disclosure of certain information violated the terms of the protective order when it was disclosed in open court. The district court explained that “[b]y long tradition, when a lawyer wishes to…
In this patent infringement action, the plaintiff sought production of the defendant’s document retention and document destruction policies. The defendant asserted that the request sought information protected by work product and attorney-client privilege. The plaintiff argued that the documents were merely corporate policies that could not be privileged. The district…