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Patent Lawyer Blog

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District Court Declines to Stay Action Pending Inter Partes Review (“IPR”) Where Claim Construction Briefing Had Already Occurred

After the PTAB granted Defendant’s petition for IPR on certain of the claims in the patent-in-suit, the defendant filed a motion to stay the action pending the resolution of the IPR. The plaintiffs objected to a stay, but alternatively advocated for a partial stay allowing them to move forward with…

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District Court Strikes Expert Opinion Testimony on Patent Subject Matter Eligibility Under Section 101

Defendants Metaswitch Networks Ltd and Metaswitch Networks Corp. (“Metaswitch”) filed a motion to strike plaintiff’s expert opinions of Mr. Lanning, including his opinions that the patents in suit claim patent-eligible subject matter under 35 U.S.C. § 101. In analyzing the motion to strike, the district court noted that “[t]he ultimate…

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Expert Patent Valuation Opinion Based on Forward Citation Analysis Survives Daubert Challenge

Plaintiff Better Mouse Company’s (“Better Mouse”) filed a motion to strike portions of the rebuttal expert report and exclude testimony of Richard Eichmann. Better Mouse asserted that the district court should exclude Mr. Eichmann’s testimony stating that he determined the value of U.S. Patent No. 7,532,200 (the Asserted Patent or…

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District Court Denies Request for Contempt Where Defendant Continued to Provide Repairs and Replacement Parts to Enjoined Devices

Plaintiff Advanced Transit Dynamics, Inc. (“Plaintiff” or “ATD”) filed an ex parte application for a judgment of civil contempt against Defendant Ridge Corporation’s (“Defendant” or “Ridge”) for allegedly violating of the district court’s Modified Preliminary Injunction Order (“Order”). In its ex parte application, ATD asserted that Defendant’s repair and support…

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District Court Declines to Delay Transfer of Case Pending Ruling on Claim Construction

The plaintiffs, Chrimar Systems, Inc. and Chrimar Holding Company, LLC (“Chrimar”), filed a motion to reconsider the district court’s order granting Ruckus Wireless, Inc.’s (“Ruckus”) motion to transfer venue to the Northern District of California. In the motion to reconsider, Chrimar requested that the district court modify its transfer order…

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District Court Denies Motion for Leave to Have Forensic Expert Report Used as Affirmative Evidence

The defendants filed a motion for leave to have the forensic expert report of Curtis Rose considered as affirmative evidence. The defendants timely served Rose’s expert rebuttal report but sought to use his opinions as affirmative evidence, despite missing the deadline for doing so. According to defendants’ motion, the Rose…

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District Court Denies Accounting and Ongoing Royalty Where Jury Instructions Told Jury to Award Damages That Would Put Patent Holder in Same Financial Position Had Infringement Not Occurred

Prism brought suit against Sprint alleging patent infringement of U.S. Patent Nos. 8,127,345 and 8,387,155 (the “Asserted Patents”). After the jury returned a $30 million award in favor of Prism, Prism filed a motion for an accounting and ongoing royalties. Prism requested an accounting for Sprint’s infringement after 2014 through…

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eDekka Gets Decked by Finding of Exceptional Case in the Eastern District of Texas

Plaintiff eDekka LLC (“eDekka”) sued a large number of defendants in Eastern District of Texas alleging infringement of U.S. Patent No. 6,266,674 (“the ‘674 Patent”) titled “Random Access Information Retrieval Utilizing User Defined Labels.” As explained by the district court, the ‘674 Patent relates to storing and labeling information and…

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District Court Declines to Modify Claim Construction Based on PTAB Denial of IPR

Adidas AG (“Adidas”), filed a patent infringement action against Under Armour, Inc. (“Under Armour”) and MapMyFitness, Inc. (“MapMyFitness”) alleging that they infringed over a dozen patents. After Under Armour and MapMyFitness filed answers and counterclaims, the district court held a Markman Hearing and issued a claim construction order. After the…

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District Court Denies Request for Finding of Exceptional Case Where Plaintiff Pursued and Lost Motion for Preliminary Injunction

Moblize contended that TDE Petroleum Data Solutions, Inc (“TDE”) either knew or should have known that its motion for preliminary injunction was meritless and that it was brought for the improper purpose of harassing Moblize. In its motion, Moblize asserted that “TDE’s actions were plainly designed to increase the cost…

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