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Premature Motion to Stay Pending Inter Partes Review Denied Where Patent Trial and Appeal Board Had Not Yet Granted the Petition for Review

Reflectix, Inc., Innovative Insulation, Inc., TVM Building Products, Inc., Energy Efficient Solutions, LLC, and Home Depot U.S.A., Inc.’s (collectively, “Defendants”) filed a motion to stay pending and Inter Partes Review (“IPR”) that was filed with the Patent Trials and Appeals Board (“PTAB”). The plaintiff opposed the motion to stay on…

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Motion to Strike “Errata Sheets” to Deposition Testimony Granted Where Plaintiff’s Expert Witnesses Changed Answers from “No” to “Yes”

In this patent infringement action, the defendant filed a motion to strike the “errata sheets” to deposition testimony of two of plaintiffs’ expert witnesses, Neill Luebke and Robert Sinclair. The plaintiff opposed the motion to strike. As explained by the district court, “[t]here is an old joke that only lawyers…

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PTAB: Patent Owner / Inventor Cannot Proceed Pro Se

In an IPR petition filed by petitioner Shire Development LLC, the petitioner sought review of patent owner, LCS Group, LLC’s U.S. Patent No. 8,318,813. In its mandatory statement, the patent owner timely designated outside counsel to represent it in the IPR proceeding. Subsequently, the designated counsel for the patent owner…

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District Court Declines to Award Supplemental Damages for Pre-Verdict Damages Even Though Defendant Did Not Produce All of Its Financial Documents

After a jury trial in which TransPerfect was awarded damages, TransPerfect moved for an award of supplemental damages under 35 U.S.C. § 284 on the theory that the jury did not award it damages for infringement that occurred after December 31, 2011. TransPerfect contended that the jury’s damage award of…

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PTAB Gives Guidance Regarding What Constitutes A Printed Publication

In an IPR petition filed by petitioner C&D Zodiac, Inc., the petitioner sought review of patent owner, B/E Aerospace, Inc.’s U.S. Patent No. 8,590,838, directed to space-saving aircraft enclosures, including lavatories, closets, and galleys. The petition challenged the validity of claims under Section 102 and 103 based on, among other…

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Daubert Challenge to Damage Expert Denied Where Contested Matters Were for Cross-Examination and Not Proper for Exclusion

In this patent infringement action, Apple challenged the opinions of the plaintiff’s damage expert on several bases, including the determination of a royalty rate based on the price of third-party applications. First, Apple contended that the expert’s, Mr. Bratic’s, “analysis is deficient and unreliable because MTEL’s technical expert categorically stated…

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Motion to Reconsider Claim Construction Order on Indefiniteness after Nautilus Denied Where District Court Found Term Definite

Defendant Stealth Cam, LLC (“Stealth Cam”) requested that the district court reconsider its Claim Construction Order holding that the term “extending parallel” was not indefinite. The district court first noted that under the local rules a party must show “compelling circumstances” to obtain permission to file a motion to reconsider,…

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Motorola: Inventor’s Ex-Spouse’s Co-Owns the Patent-in-Suit

In the matter pending in the Western District of Texas, Katrinecz, et al. v. Motorola Mobility LLC, Motorola moved to dismiss the complaint for lack of subject matter jurisdiction. In its complaint, the plaintiffs alleged that Motorola infringed U.S. Patent No. 7,284,872 entitled “Low power, low cost illuminated keyboards and…

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Defendant Ordered to Provide Access to Licensee Websites

BNB Health Grades, Inc. (“Health Grades”) filed a patent infringement action against MDx Medical, Inc., d/b/a Vitals.com (“MDx”). During the litigation, Health Grades identified licensing agreements and associated systems that it contended could support additional contentions relating to Health Grades’ claim for indirect infringement.” After MDx declined to produce the…

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Apple Motion to Stay Litigation Pending an IPR Is Denied by the District Court for the Northern District of California

In the matter pending in the Northern District of California, Aylus Networks, Inc. v. Apple, Inc., Apple moved to stay the litigation pending inter partes review of the patent-in-suit. On October 9, 2013, plaintiff Aylus Networks filed suit against Apple for infringement of U.S. Patent No. RE44,414. On September 29,…

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