In this patent infringement action, Watson Laboratories, Inc.’s (“Watson”) moved to dismiss several counts of the complaint filed by Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited (collectively, “Jazz”). Watson moved to dismiss these counts under Federal Rule of Civil Procedure 12(b)(6) on the grounds that the “Risk Mitigation Patents”…
After Aylus timely served the report of its technical expert, Daniel Schonfeld, and Apple deposed the expert, Aylus served a “First Supplemental Expert Report of Dan Schonfeld” at the end of the expert discovery period. Apple then filed a motion to exclude the Supplemental Report on the grounds that (1)…
The defendants moved to exclude the expert report of Mr. Ratliff, asserting that he made critical errors in his expert report on damages. The defendants specifically alleged that Mr. Ratliff committed basic math and reasoning errors in adjusting the royalty rate in an exclusive license from 1% to 4% for…
Limestone filed a patent infringement action against Apple, alleging direct and willful infringement of four patents. For each of the four claims of patent infringement against Apple, Limestone alleged, “[u]pon information and belief, Apple will continue its infringement notwithstanding its actual knowledge of the [four patents] and while lacking an…
In this patent infringement action, the plaintiff sought to substitute its damage expert because its current damage expert had retired. The plaintiff also sought to withdraw the retired expert’s damage report. The Magistrate Judge construed this as a request to extend the discovery deadline. The Magistrate also determined that there…
As the case between Milo & Gabby, LLC and Amazon moved closer to trial, Amazon filed several motions in limine, including a motion to force the plaintiffs to remove statements from its websites, which Amazon contended were inaccurate and prejudicial. Amazon also contended that the statements on the website could…
As the Wisconsin Alumni Research Foundation (“WARF”) patent infringement case against Apple approached trial, Apple attempted to call a witness live that it had previously informed WARF’s counsel would be called by deposition. Apple’s counsel had previously asked that Patrick McNamara be allowed to appear by deposition in order to…
The District Court granted Transcend’s motion for summary judgment on the issue of non-infringement and denied the patent owner’s, Glaukos’, motion on the issue of inequitable conduct. The District Court then set a bench trial on the issue of inequitable conduct. In light of these rulings, Glaukos argued that the…
In a pending patent infringement action, Apple moved to preclude the plaintiff, Wisconsin Alumni Research Foundations (“WARF”) from offering evidence or argument regarding the Patent Office’s denial of an IPR that Apple initiated. Apple relied on two prior art references as well as a declaration of Dr. Robert Colwell, who…
In this patent infringement case, Plaintiff Signal IP, Inc. (“Signal”) alleged that Defendants Ford Motor Company (“Ford”) and Fiat Chrysler US LLC (“FCA”) (collectively “Defendants”) infringed upon six of patents. The Defendants filed a joint motion to stay all proceedings pending an inter parties review of the patents-in-suit. Defendants Ford…