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Plaintiff Loses Motion for Summary Judgment after District Court Concludes that Dispute over Person of Ordinary Skill in the Art Is Not Material

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,…

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Motion for Rule 11 Sanctions Denied After Plaintiff Granted Defendants Covenant Not to Sue Where Plaintiff Attempted to Make an Assessment of the Likelihood of Infringement

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…

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Court Chastises Both Parties for Contentious and Unprofessional Behavior and Warns That Further “Offending Conduct” Will Lead to a Ban from Further Participation in Discovery

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…

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Request to Join Summary Judgment Motion Based on Alice Four Weeks Before Trial Denied as Untimely

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…

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Dismissal Based on Petitioner’s Prior DJ Action Cannot Be Waived

In a covered business method review filed by petitioner GTNX, Inc., the petitioner sought review of four patents owned by patent owner INTTRA, Inc. The PTAB instituted trial on all four patents following the patent owner’s preliminary response. Notably, in its preliminary response the patent owner did not raise that…

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With Motion for Summary Judgment Pending Against It, Plaintiff Requests District Court to Order Parties to Mediation and District Court Grants Summary Judgment Motion Instead

Princeton Digital Image Corp. (“Princeton Digital”) filed a patent infringement action against Hewlett-Packard and Hewlett Packard filed a summary judgment motion. With the summary judgment motion pending, Princeton Digital filed a letter with the district court requesting that the district court order a mediation between the parties pursuant to Local…

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Oral Assignment Ineffective to Convey Patent Rights and Subsequent Assignment too Late to Save Complaint from Dismissal with Prejudice for Lack of Standing

The plaintiff, Freed Designs, Inc. (“Freed Designs”), filed a patent infringement action defendant Sig Sauer. Robert Freed is the sole inventor of the ‘764 Patent, titled “Grip Extender For Hand Gun.” Freed is also the sole owner and President of Plaintiff Freed Designs. Plaintiff alleged that Sig Sauer makes, sells,…

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Daubert Motion Denied Where Defendant Had “Salubrious Fodder” for Cross-Examination If Plaintiff’s Expert Used Wrong Source Code

Defendant Adobe Systems (“Adobe”) filed a Daubert motion seeking to limit the testimony of plaintiff EveryScapes’ expert, Dr. Maja Bystrom (“Dr. Bystrom”), for three reasons. First, Adobe sought to exclude the testimony that the Mok3 Perspective Clone Brush practiced claims of EveryScape’s patent, partly because Dr. Bystrom allegedly relied on…

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Plaintiffs’ Motion for Protective Order Denied But Cautions Defendant That Sanctions Will Be Awarded If Defendant Fails to Convince the Court That a Protective Order Should Not Be Entered

In this patent infringement action, Plaintiffs’ filed a motion for a standard protective order to prevent the defendant from sharing confidential information. The district court denied the motion because the motion was not in the form of a joint stipulated as required by the local rules. As explained by the…

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PTAB Refuses to Vacate Holding that Patent Claims are Invalid Despite Petitioner’s “Abandonment” of the CBM

In an IPR petition filed by petitioner Salesforce.com, the petitioner sought review of patent owner, VirtualAgility, Inc.’s U.S. Patent No. 8,095,413. The PTAB instituted trial on November 19, 2013, the Patent Owner filed its Patent Owner Response on January 28, 2014, the Petitioner then filed its Reply on April 11,…

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