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PTAB – Trulia and Zillow possible merger is not a sufficient basis for extending the 12 month period to complete the trial

In Trulia, Inc. v. Zillow, Inc., Trulia filed a petition seeking covered business method review of U.S. Patent No. 7,970,674 relating to automatically determining a current value for a real estate property. CBM2013-00056. On March 10, the Board instituted a trial on the ‘674 patent and set a hearing date…

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Laches Defense Denied Where Texas Instruments Failed to Produce Products that Demonstrated Notice During Discovery and Texas Instruments Failed to Make Showing of Economic Prejudice

At the end of trial, the Defendant, Texas Instruments Incorporated’s (“TI”), pursued its equitable defense of laches, the only remaining issue left in this patent infringement case. The district court conduced an evidentiary hearing on laches at which the district court heard the live testimony of five witnesses and also…

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The PTAB rejects Microsoft’s attempt to institute an IPR proceeding almost 7 years after being served with a complaint involving the patent-at-issue

In Microsoft Corporation v. Virnetx Inc., Microsoft filed a petition seeking inter partes review of U.S. Patent No. 7,188,180 (“the ‘180 patent”) on May 19, 2014. The ‘180 patent was asserted in a complaint for VirnetX Inc. v. Microsoft Corp., Case No. 6:07-cv-00080 (E.D. Tex. filed April 5, 2007) (“the…

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District Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Did Not Provide Evidence That It Owned the Patent at the Time of Filing the Complaint

Juno Lighting, LLC (“Juno”) filed a complaint against Nora Lighting, Inc. (“Nora”) on February 11, 2013. The complaint alleged that Nora infringed Juno’s patent, No. 5,505,419 (“‘419 Patent”), entitled Bar Hanger for a Recessed Light Fixture Assembly. Nora filed a counterclaim on May 28, 2013. After the case was stayed…

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Court stays litigation pending IPR challenge, but requires that Defendants agree to be estopped from asserting any invalidity contention that was “actually raised and finally adjudicated” in the IPR proceedings

In Coho Licensing LLC v. Glam Media, et al., Coho filed suits against defendants AOL Inc. (“AOL”), Glam Media Inc., Ning Inc., LinkedIn Corp., Rovi Corp., and Twitter, Inc. (collectively referred to as “Defendants”). On May 16, 2014, AOL filed petitions for IPR challenging the validity of all the claims…

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Court Denies Declaratory Judgment Defendant’s Request to Re-Align Parties as Realignment Would Frustrate the Purpose of the Declaratory Judgment Act

Plaintiffs filed the declaratory judgment complaint in this patent case after receiving a letter from defendants alleging that Plaintiffs’ products infringe two of defendants’ patents. Plaintiffs sough declaratory judgment that Defendants’ patents, U.S. Patent Nos. 6,830,014 (filed Aug. 5, 2003) (“the ‘014 Patent”) and 7,267,082 (filed Dec. 30, 2005) (“the…

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Court Excludes PTAB Decision That Conflicts With Prior Final District Court Judgment

In Affinity Labs of Texas, LLC v. Ford Motor Co., Affinity moved in limine to exclude any reference to the decision of the PTAB regarding an inter partes reexamination filed by a defendant in an earlier case involving a related patent, i.e.., one stemming from the same application and thus…

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Patent Infringement Complaint Dismissed for Lack of Standing Where Co-Inventor Had Not Assigned Rights to Plaintiff

Plaintiffs Alpha One Transporter, Inc. and American Heavy Moving and Rigging, Inc. (collectively “Alpha One”) filed a complaint against Defendant and Third-Party Plaintiff Perkins Motor Transport, Inc. (“Perkins”). Perkins subsequently filed a motion to dismiss Alpha One’s complaint for lack of standing on one of the patents-in-suit (the ‘897 Patent)…

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Failure to Make A Third Party Witness Available May Result In The Testimony Being Ignored

In the Mexichem Amanco Holdings S.A. de C.V. v. Honeywell International, Inc., the Patent Owner moved for additional discovery to depose a third party witness whose declarations were relied upon by Petitioner in its Reply to the Patent Owner’s Response. The witness originally submitted declarations in reexamination proceedings involving a…

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Parent Company Ordered to Produce Documents in Response to Request to Subsidiary Where Parent and Subsidiary Shared Servers and Databases

Plaintiff Dri-Steem Corporation (“Dri-Steem”) sought production of documents in the possession and control of the defednant’s parent company National Environmental Products, Ltd. (“National”), via its wholly-owned subsidiary NEP Inc., dba Neptronic (“NEP”). Dri-Steem asserted that NEP has custody and control of the requested documents because it can secure them from…

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