In IPR2013-00357, Patent Owner Overland Storage, Inc. filed a request for rehearing of the final written decision holding that claims 1-11 of U.S. Patent No. 6,328,766 are unpatentable. The basis for the patent owner’s reconsideration request was that, among other things, the petitioner failed to meet its burden of proof…
In this patent infringement action, the Defendants requested that the court order a further Rule 30(b)(6) deposition of one of the deponents, Mr. Pang. In the motion, Defendants argued that Plaintiff’s counsel objected more than 300 times during the course of Mr. Pang’s deposition, and the objections impeded the fair…
In this patent infringement action, the plaintiff filed a motion for entry of a standard protective order after the defendant would not agree to sign a stipulated protective order. As explained by the district court, the plaintiffs sued defendants, alleging that they infringed on several patents. After the lawsuit was…
In IPR2014-00739 involving petitioner Shire Development LLC and patent owner LCS Group, LLC, the petitioner sought authorization to file a motion for sanctions against the inventor based on his communications with petitioner in violation of a prior order from the Board. The Board’s prior order stated that “the inventor, Dr.…
Plaintiffs Smartflash LLC and Smartflash Technologies Limited (collectively “Smartflash”) filed patent infringement actions against Apple, Inc. (“Apple”), Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Telecommunications America, LLC (collectively “Samsung”), HTC Corporation, HTC America, Inc., and Exedea, Inc. (collectively “HTC”) (all collectively “Defendants”) alleging infringement of several patents. Smartflash’s…
In the pending patent infringement action between Netflix and Rovi, Netflix filed a motion for summary judgment, seeking a ruling that Rovi’s patents are invalid under 35 U.S.C. § 101. After the motion was filed, the district court “advised Netflix that it was entitled to only one motion for summary…
The plaintiff, MyMedicalRecords (“MMR”), owns U.S. Patent No. 8,498,883 (the ‘883 Patent) entitled “Method for Providing a User with a Service for Accessing and Collecting Prescriptions.” MMR asserted claims 1-3 of the ‘883 Patent against Quest Diagnostics, Inc., WebMD Health Corp., WebMD Health Services Group Inc., and Allscripts Healthcare Solutions,…
Phoenix Modular Elevator, Inc. (“Phoenix”) filed a complaint for patent infringement against T.L. Shield & Associates, Inc. (“Shield”) and Modular Elevator Manufacturing, Inc. (“MEM”). The patent at issue, United States Patent No. 6,079,520 (the “520 patent”), is entitled “Method of Retro-Fitting Elevators to Existing Buildings.” As explained by the district…
After a discovery dispute erupted in this patent infringement action, the court held a telephonic hearing on defendants’ motion to compel discovery and for sanctions and plaintiff’s cross-motion for a protective order. Although the court denied both motions without prejudice, it “chastised both sides for the contentiousness and unprofessionalism that…
Four weeks prior to trial, defendant Cerner Corporation (“Cerner”) filed a motion to join a summary judgment motion filed by a defendant in a related case involving the same patents. In the summary judgment motion in the related case involving Allscripts, Allscripts argued that the plaintiff’s (RLIS) patents claim ineligible…