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Breaking Down the Ghost Robotics Privilege Dispute: When Legal Memos Aren’t Privileged

A recent discovery dispute in the ongoing Boston Dynamics v. Ghost Robotics litigation provides an interesting look at how courts analyze attorney-client privilege in the context of legal memos shared with third parties. In an October 2024 order, Magistrate Judge Burke denied Boston Dynamics’ motion to compel additional discovery related…

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The Particularity Requirement in Patent Challenges: A Deep Dive into IKEA v. Everlight

In a recent Patent Trial and Appeal Board (PTAB) decision, the particularity requirement emerged as a critical factor in determining whether to institute an inter partes review (IPR). The case, involving IKEA Supply AG’s challenge to Everlight Electronics’ LED patent, highlights how failing to meet this requirement can doom even…

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Prior District Court Invalidity Challenge Dooms Waydoo’s Motion to Join IPR Against MHL Custom Patent

The U.S. Patent Trial and Appeal Board (PTAB) has denied Petitioner’s Shenzhen Waydoo Intelligence Technology Co., Ltd.’s petition for inter partes review (IPR) and accompanying motion for joinder in a case involving MHL Custom, Inc.’s Patent No. 9,359,044 B2. The decision, issued on December 17, 2024, centers on Waydoo’s attempt…

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PTAB Denies Juniper Networks’ Second IPR Petition Against Orckit Patent

The Patent Trial and Appeal Board (PTAB) has denied Juniper Networks’ second petition for inter partes review (IPR) challenging claims of Orckit Corporation’s US Patent 10,652,111, which covers deep packet inspection methods in software-defined networks. The decision, issued on December 11, 2024, was based on the Board’s discretionary powers under…

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PTAB Ruling Highlights Strategic Use of Patent Disclaimers in Post-Grant Reviews

In a noteworthy decision that sheds light on the interplay between patent disclaimers and post-grant reviews, the Patent Trial and Appeal Board (PTAB) recently denied institution of a challenge to an Intex Marketing patent while declining to enter adverse judgment against the patent owner. On June 15, 2024, Bestway (USA),…

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Court Refines Standards for Expert Disqualification in Patent Cases: Analysis of Vineyard Investigations v. E. & J. Gallo Winery

In a significant ruling that clarifies the standards for expert disqualification in patent litigation, the U.S. District Court for the Eastern District of California has denied E. & J. Gallo Winery’s motion to disqualify Dr. Mark Greenspan, an expert witness for Vineyard Investigations. The December 2, 2024 order provides crucial…

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Protective Order Violations in High-Stakes Patent Litigation Results in Sanctions and Prosecution Bar

In a recent high-stakes patent litigation case, a protective order, filed on November 22, 2022, was put in place to safeguard confidential information during the course of the legal proceedings.  The defendant asserted that the plaintiff’s legal team had struggled to adhere to the protective order’s strict guidelines. The first…

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District Court Denies Motion to Compel Production of Inventor Emails in Patent Infringement Case

In a recent discovery dispute in a patent infringement case, the district court denied the defendant’s motion to compel the plaintiff to produce certain inventor emails that were withheld on the basis of the work product doctrine. The key issue was whether the plaintiff demonstrated that the emails, exchanged between…

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Key Evidentiary Rulings in Acceleration Bay v. Activision

In the ongoing patent infringement case between Acceleration Bay LLC and Activision Blizzard Inc., the district court recently issued an order resolving several important evidentiary disputes between the parties. This order provides guidance on the admissibility of various categories of evidence that will impact the damages case at the upcoming…

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District Court Sanctions Plaintiff for Failing to Meet and Confer on Defendants’ Motion to Dismiss Counterclaims

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:…

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