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District Court Excludes Technical Expert’s Infringement Opinion Based on Sales and Offers to Sell Method Claims as Contrary to Law

In this ongoing patent infringement action, the District Court continued to issue rulings on the Daubert motions filed by the defendant, Labcorp.  Ravgen’s technical expert, Brian Van Ness, offered two opinions: (1) the asserted claims, which are all method claims, are infringed by offering to sell and/or sale; and (2)…

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District Court Permits Damage Expert to Testify Regarding Comparable Licenses That Contained “Built-In Apportionment” of Royalties

In this patent infringement action, Ravgen asserted that Labcorp infringes claims of its 727,720 and 7,332,277 patents (the “’720” and “’277” patents through four cell-free DNA-based tests, each of which are non­invasive prenatal tests (“NIPT”)) and Resolution ctDx Lung Assay (“ctDx”) (a liquid biopsy test for cancer). Labcorp moved to…

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Court Concludes That Pre-Suit Notice for Willfulness Can Occur Even if Notice Was Provided by Third-Party and Not Patent Owner

Arigna filed a patent infringement action against various vehicle manufacturers that alleged infringement of U.S. Patent No. 7,397,318 (“‘318 Patent”). The ‘318 Patent is direct toward a voltage control oscillator for use in a microchip incorporated in radar modules provided by vehicle parts manufacturer Continental. After Toyota notified Continental of…

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District Court Determines That A “Decent Patent Lawyer” Would Have Responded To Requests For Admissions To Preserve Objections Even If Client Was Not Available When Responses Were Due

In this patent infringement action, Plaintiff Eagle Eyes Traffic Industry USA Holding LLC (“Eagle Eyes”) filed a motion for an order compelling Defendant E-Go Bike LLC (“E-Go”) to provide responses to Eagle Eyes’ requests for production of documents (“RFPs”), interrogatories (“rogs”), and requests for admission (“RFAs”).   After noting that E-Go’s…

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District Court Denies Plaintiff’s Request to Voluntarily Dismiss Action

In this patent infringement action, the plaintiff Flect LLC (“Flect”) moved to voluntarily dismiss its action against the defendant, Lumia Products Co. LLC (“Lumia”), pursuant to Fed.R.Civ.P. 41(a)(1). Flect’s request for voluntary dismissal included language stating that each party will bear its own costs. Rule 41(a)(1) provides: “Voluntary Dismissal. (1) By…

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Vadis v. Amazon: Reasonable Royalty Opinion Excluded Where Entire Market Value Implicated

Via Vadis, LLC and AC Technologies, S.A. (“Plaintiffs”) are the owner and exclusive licensee, respectively, of U.S. Patent No. RE40,521 (the “’521 Patent”) for a data access and management system. Plaintiffs accused Defendant Amazon.com, Inc. (“Amazon”) of direct and indirect infringement of the ’521 Patent through Amazon’s software-as-a-service and related…

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Application to File Settlement Agreement under Seal Denied Where Defendant Did Not Show Competitive Harm from Disclosure

The Defendant, International Paper Company (“IPC”) filed an application for leave to file under seal a settlement agreement between Plaintiff and IPC’s co­defendants and portions of IPC’s motion to dismiss that quoted the settlement agreement. To analyze whether the settlement agreement and the quoted portions should be filed under seal,…

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Concealing of “Vital Evidence” until Weeks before Trial Justifies Death Penalty Sanctions

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…

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Plaintiff Did Not Have Standing to Pursue Patent Infringement Action Where Inventor Assignment Was Not Automatic

In this patent infringement action, the Regents of the University of California (“the Regents”) alleged that defendant LTI Flexible Products, Inc., d/b/a Boyd Corporation (“Boyd”) improperly claimed ownership of a patent that the Regents owned and manufactured and sold technology that infringed the patent. Boyd moved to dismiss the complaint…

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