The parties in this patent infringement action could not agree on the order of proof at trial. Defendants sought to present their invalidity defense first, arguing that if the patent is invalid, they could not be liable for infringement. The plaintiffs opposed the request to re-order the proof at trial…
After a district court in the Eastern District of Virginia invalidated the patent-in-suit because it did “not pass the two part test laid out by the Supreme Court in Mayo and Alice.” Peschke Map Techs. LLC v. Rouse Properties Inc., No. 1:15-cv-1365, — F. Supp. 3d —-, 2016 WL 1031295,…
In this patent infringement action, the parties reported that they had settled their dispute while it was pending before the Federal Circuit. The settlement was contingent upon the district court’s granting an indicative motion that it would vacate the underlying judgment. The district court began its analysis by noting that…
After the plaintiff filed a Second Amended Complaint against Fieldpiece Instruments, Inc. (“Defendant”) for patent infringement, the Defendant filed its an answer raising a series of affirmative defenses to Plaintiff’s claims. The Plaintiff then moved to strike several of the Defendant’s affirmative defenses as insufficient or improper under Fed. R.…
The plaintiff filed a motion to dismiss the defendants’ patent invalidity counterclaims for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. Rule 12(b)(1) because the plaintiff withdrew its patent infringement claims and filed a covenant not to sue regarding those claims. In the motion to dismiss, the plaintiff asserted that…
Plaintiffs filed a declaratory judgment action seeking a declaration that U.S. Patent No. 7,923,221 (the “Cabilly III patent”), owned by Defendants, is invalid and therefore Plaintiffs do not owe royalties with respect to Praluent. During the case, Plaintiffs requested production of five executed settlement agreements that resolved prior litigations involving…
Following up on the district court’s previous ruling barring the use of jury questionnaires, the district court addressed the issue of whether any Internet research of the potential jurors should be permitted. After analyzing the reasons to issue an outright ban on such research, the district court explained that it…
California Home Spas, Inc. (“CHS”) filed a motion to bifurcate the trial between damages and infringement and asserted that the damage trial should proceed first. As noted below, the district court denied the request finding that bifurcation is unusual and that defendant had not justified the unusual procedure in this…
After all parties agreed to settle the case, the parties jointly moved to vacate a sanctions order. The district court declined to vacate the sanctions order, even though plaintiff’s counsel had apparently complied with the order, because the order was entered by a prior judge in a detailed ruling. After…
In this patent infringement action, defendant Dynamic Drinkware, Inc. (“Drinkware” or “Defendant”) filed a motion to permit it to present live video testimony at trial, or, in the alternative, to take the deposition of a non-party named Dan Blondal for use at trial. The plaintiff, National Graphics, opposed the motion…