Plaintiff GT Nexus, Inc. (“GT Nexus”) filed a declaratory judgment action against Inttra, Inc. (“Inttra”) seeking a declaration that four of Inttra’s patents (“patents-in-suit”) were invalid and have not been infringed. Inttra filed counterclaims against GT Nexus for infringement of the patents-in-suit. The district court had previously stayed the action…
Plaintiff Labyrinth Optical Technologies LLC (“Labyrinth”) filed a patent infringement action against Defendant Alcatel-Lucent USA, Inc. (“Lucent”), alleging that Lucent infringes U.S. Patent No. 8,103,173 (the “‘173 Patent”). On the eve of trial, Lucent filed a motion to dismiss the case for lack of standing, arguing that Labyrinth could not…
Defendant Ericsson filed an unopposed motion for leave to file its motion to strike certain paragraphs of a supplemental expert report for the plaintiff under seal. Although the request was unopposed, the district court evaluated whether it was appropriate to seal the motion and accompanying exhibits. In the motion, Ericsson…
After the parties submitted expert reports in this patent infringement action, Ford objected to Eagle Harbor’s damage expert’s expected testimony and demonstratives. Ford objected to Eagle Harbor’s evidence because it involved multiple dates of possible infringement and the damage expert only calculated his royalty rate based on one possible date…
Continental Automotive GmbH and Continental Automotive Systems, Inc. (collectively “Continental”) filed a multi-claim lawsuit against iBiquity Digital Corporation (“iBiquity”), which asserted causes of action for patent exhaustion (Count I), patent misuse (Count II), declaratory judgment of patent rights (Count III), as well as several state law claims. iBiquity moved to…
Plaintiff Ecolab Inc. (“Ecolab”) filed a patent infringement action alleging that Gurtler infringed Ecolab’s patent for “SANITIZING LAUNDRY SOUR,” United States Patent No. 6,262,013 (the “‘013 Patent”). Gurtler subsequently filed a Request for Ex Parte Reexamination of the ‘013 Patent. Gurtler then filed a motion to stay and the United…
Plaintiff Ecolab Inc. (“Ecolab”) filed a patent infringement action alleging that Gurtler infringed Ecolab’s patent for “SANITIZING LAUNDRY SOUR,” United States Patent No. 6,262,013 (the “‘013 Patent”). Gurtler subsequently filed a Request for Ex Parte Reexamination of the ‘013 Patent. Gurtler then filed a motion to stay and the United…
After the defendants moved to stay a patent infringement action pending an IPR, the district court analyzed the impact of a potential withdrawal of petitioners from the IPR. The district court began its analysis with the understanding that this was a contingency that might not occur. “The contingency of a…
Card-Monroe Corp. (“CMC”) manufactures tufting machines and equipment. CMC holds several patents that pertain to its machines and equipment. Tuftco Corp. (“Tuftco”) is a competitor of CMC, which also engages in the manufacture and sale of tufting machines. CMC filed a patent infringement action against Tuftco, and Tuftco subsequently filed…
The plaintiff, U.S. Ethernet Innovations, LLC (“USEI”), filed a patent infringement action against several defendants in the Eastern District of Texas. The district court then transferred the cases to the Northern District of California. While litigation in the Northern District of California proceeded, USEI filed another patent infringement case against…