The district court had previously held that no reasonable jury could find that the plaintiff Corning Optical Communications Wireless LTD (“Corning”) marked its products or otherwise complied with the marking requirements Section 287(a) of the Patent Act. Corning requested that the district court reconsider its ruling. The district court noted…
In this patent infringement action, Defendant R/X Automation Solutions filed a motion in limine to exclude one of plaintiff’s experts. The district court concluded that the motion was an untimely Daubert motion because the district court had set a deadline for dispositive motions and Daubert motions. The district court was…
In this patent infringement action, Plaintiffs filed motions in limine to exclude 15 prior art references that defendants intend to use to show the state of the art pertinent to the patents-in-suit. Defendants included the 15 references on a recent notice, but the references were not included on defendants’ third…
The plaintiffs, Fieldturf USA and Tarkett Inc. (collectively, “Fieldturf”) filed a patent infringement action against Astroturf LLC (“Astroturf”). In defense, Astroturf intended to present expert testimony on anticipation showing that certain Fieldturf technical information predated the patent-in-suit. Based on the technical information, Astroturf’s expert created replicas of the fields and…
The district court briefly summarized this patent infringement action that it found frivolous as follows: “In the 1990’s, Segan invented a system for people to browse the Internet. Today, Zynga makes video games that people can play while on Facebook. People don’t browse the Internet while playing Zynga games on…
The defendants filed a motion to stay discovery until the district court ruled upon its motion to dismiss pursuant to 35 U.S.C. § 101. In their motion to stay, Defendants asserted that its motion to stay discovery should be granted because it is a dispositive motion to dismiss that is…
Plaintiffs Ericsson Inc. and Telefonaktiebolaget LM Ericsson’s (“Ericsson”) filed a motion to compel discovery of source code and technical documents, pursuant to Local Patent Rule 3-4 in the Eastern District of Texas. As explained by the district court, Patent Local Rule 3-4 requires the party opposing a claim of infringement…
In consolidated patent infringement actions between Arctic Cat and Polaris, Artic Cat filed four petitions for inter partes review (“IPR”) of two patents asserted by Polaris. Three days after the IPRs were filed, the parties filed a joint stipulation to stay the consolidated cases given Arctic Cat’s pending IPR petitions.…
Plaintiffs filed an action defendants, Bouncing Angels, Inc. for, among other things, patent and copyright infringement. Plaintiffs successfully moved the district court to allow them to amend the complaint to add the owner of defendant Bouncing Angels, Inc., as a defendant based on financial evidence they discovered that could support…
The district court had previously ordered plaintiffs to produce certain documents to the extent that documents containing communications between plaintiff and its non-attorney patent agents were not subject to the attorney-client privilege. The district court ordered a one-week stay to allow the filing of any appeal. Rather than producing the…