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BBQ Patent Must Face The Heat: Petition Is Not Barred When Filed Within 1 Year of the Filing of a Waiver of Service in the District Court

On October 13, 2014, The Brinkman Corporation filed a petition for Inter Partes Review of U.S. Patent 8,381,712 directed to a barbecue grill that allows simultaneous gas grilling and charcoal-fueled grilling. A&J Manufacturing, the owner of the ‘712 patent, challenged Petitioner’s standing to file the IPR based on the fact…

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Another One Bites the Dust: Action Dismissed for Lack of Standing Where Plaintiff Could Not Prove Ownership of the Patent-In-Suit

America’s Collectibles Network (“ACN”) filed a patent infringement action in which it claimed to own U.S. Patent No. 8,370,211 (the “211 Patent”). It brought this action against the Genuine Gemstone Company (“Genuine Gemstone”). Genuine Gemstone filed a motion to dismiss contending that it is the rightful owner of the 211…

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Patent Owner Must Produce Documents That Are Inconsistent with Its Positions

In IPR2014-00727, Petitioner C&D Zodiac, Inc. seeks review of U.S. Patent No. 8,590,838 owned by B/E Aerospace, Inc. The ‘838 patent relates to a “spacewall” lavatory. In connection with the IPR proceeding, the Petitioner sought, as “Routine Discovery,” documents that it contends are inconsistent with positions the Patent Owner has…

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Fairchild v. Power Integrations: Because of Right to Appeal, District Court Precludes Reference to Pending Reexamination Proceedings Even Though PTO Had Rejected All Claims

Fairchild Semiconductor Corp. and Fairchild (Taiwan) Corp.’s (collectively, “Fairchild”) moved in limine to preclude any reference to any pending reexamination proceeding or any completed reexamination proceeding of any asserted patent. Defendant Power Integrations, Inc. (“PI”) asserted that the fact the PTO finally rejected all asserted claims of the patent “is…

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District Court Denies Motion to Stay Pending Inter Partes Review Where Trial Was Less Than a Year Away and Defendant’s Previous Attempts at Re-Examination Were Unsuccessful

Presidio Components, Inc. (“Presidio”) filed a complaint against American Technical Ceramics Corp. (“ATC”) asserting a claim for patent infringement. ATC filed a motion to stay the case pending PTO review of the patent-in-suit. Presidio opposed ATC’s motion to stay. The district court began its analysis of the motion by noting…

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District Court Excludes Prior Art References in Expert Report That Were Not Included in Invalidity Contentions

After the district court adopted a specialized scheduling order that was based on local patent rules in other districts, the plaintiffs served detailed infringement contentions and the defendant served detailed invalidity contentions early in the case. The parties could only amend the contentions for “good cause.” As the case progressed…

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District Court Denies Motion to Exclude Expert Testimony on the Ground That the Expert Was Not a Person Having Ordinary Skill in the Art

Defendants sought to exclude the testimony of Plaintiff’s expert Joseph C. McAlexander III in its entirety because he lacked the appropriate technical background. In their motion, Defendants alleged that Mr. McAlexander’s testimony was inadmissible because he did not meet the requirements of one of ordinary skill in the art. The…

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Aylus v. Apple: District Court Orders Production of Revenue Documents

Aylus Networks, Inc. (“Aylus”) sought documents from Apple “relating to the revenue, costs and profits from (1) purchases or rentals of iTunes video content using the accused Apple TV and/or iOS products iPhone, iPad, and iPod Touch (‘Accused iOS Products’) [and] (2) purchases of video games on the App Store…

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District Court Declines to Lift Stay Even After Patent Trial and Appeal Board Issued Written Decision on CBM Petitions

The district court stayed several consolidated cases pending certain proceedings before the Patent Trial and Appeal Board (“PTAB”). In the order granting the stay, the district court stated: “Upon issuance of a final decision from the PTAB, the parties shall request that the stay be lifted so this case may…

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District Court Dismisses Action after Patent Is Transferred to President of Company

After Plaintiff Pi-Net International, Inc. (“Pi-Net”) brought suit against Defendants Focus Business Bank and Bridge Bank, N.A. for patent infringement, the Patent and Trademark Office initiated an Inter Partes Review (“IPR”) of the patents-in-suit. The district court then stayed the action pending the resolution of the IPR. During this stay,…

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