Defendant Murphy USA Inc. (“Murphy”) filed a motion for summary judgment of invalidity as to certain claim U.S. Patent No. 6,076,071 (“the ‘071 Patent”) and one claim of U.S. Patent No. 6,513,016 (“the ‘016 Patent”) on the grounds that the patents are directed to non-patentable subject matter under 35 U.S.C…
After an appeal to the Federal Circuit, Defendant Arthrex, Inc. (“Arthrex”) filed a motion to reopen the judgment under FRCP 60(b). Arthrex premised its motion on the argument that the judgment should be reopened in light of the Supreme Court’s recent holding in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.,…
Defendant Samsung Electronics Co. (“Samsung”) filed a motion to compel plaintiff Cascades Computer Innovation, LLC (“Cascades”) to produce additional documents and to require its trial counsel to appear for a deposition. Samsung moved to compel the deposition of Cascade’s trial counsel based on the argument that Cascades’s principal, Anthony Brown,…
Apple filed a motion to compel discovery from Farstone Technology, Inc. (“Farstone”) by way of a Joint Stipulation as required by the court’s local rules. After the court reviewed the joint stipulation, it found that there were significant problems and that too many disputes remained for the court to resolve.…
In this patent infringement action between Natural Chemistry LP and Orenda Technologies, Inc. (“Orenda”), Orenda’s counsel filed a notice of vacation designation, which the district court characterized as a notice of unavailability. In considering the notice, the district court began by noting that “[t]he rules of this Court do not…
In IPR2015-00821, Petitioner Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc., sought to join its Petition with a recently initiated IPR proceeding involving the same patent, parties, and counsel. The patent at issue, U.S. Patent No. 8,532,641, is directed to a music enabled communication system. Specifically, Petitioner requested inter…
Invista North America S.A. R.L. (“Invistia”) filed a patent infringement action against M&G USA Corporation (“M&G”). As the case progressed toward trial, both parties exchanged expert reports on damages, which implicated the entire market value rule. As explained by the Federal Circuit, the entire market value rule is derived from…
In IPR2014-01201, Patent Owner ThermoLife International, LLC sought discovery regarding whether Purus Labs, Inc., a company related to the Petitioner John’s Lone Star Distribution, Inc., should have been identified as a real party-in-interest. Specifically, the Patent Owner sought documents: (1) “showing the corporate and management structure of Purus Labs, including…
In this patent infringement action between Plaintiffs Good Technology Corporation and Good Technology Software, Inc. (“Good) and Defendant MobileIron, Inc. (“MobileIron”). Two months before the trial, MobileIron moved to dismiss the case based invalidity under 35 U.S.C. § 101. The court, referencing the Supreme Court’s decision in Alice, found the…
Plaintiff Stoneeagle Services, Inc. (“Stoneeagle”) filed a motion seeking sanctions against Defendant Premier Healthcare Exchange, Inc. (“PHX”) for failing to provide a prepared corporate representative to testify pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure. In response to the motion, PHX did not dispute that its corporate…