In IPR2014-00954, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Petravick, Deshpande, and Clements) issued a decision regarding the proper identification of lead and backup counsel listed in the powers of attorneys in cases involving multiple parties constituting a single Petitioner. The Board explained: According to 37 C.F.R. § 42.2,…
Patent Lawyer Blog
Court Denies Summary Judgment Motion as Premature Prior to Markman Hearing
Pipeline Technologies Inc. (“Pipeline”) filed a patent infringement action against Telog Instruments Inc. (“Telog”). Telog filed a motion for summary judgment, seeking summary judgment on the ground that the disputed claims of U.S. Patent 7,219,553 (‘553 patent) are invalid for indefiniteness under 35 U.S.C. § 112(b). As explained by the…
UGG: Default Judgment and Treble Damages Entered Against Defendant Where Defendant Failed to Participate in Discovery
Plaintiff Deckers Outdoor Corporation (“Plaintiff”) alleged that Defendants Superstar International, Inc. and Sai Liu (“Defendants”) produce, advertise, and sell products that infringe Plaintiff’s design patents for UGG boots. The district court previously ruled that default judgment was appropriate, considering both the procedural requirements of Federal Rule of Civil Procedure 55(b)…
District Court Grants Motion to Reconsider Summary Judgment Motion after Supreme Court’s Decision in Limelight v. Akamai
In this patent infringement action, FedEx moved for reconsideration after the district court had denied its motion for summary judgment regarding the plaintiff’s claim for inducing patent infringement. FedEx moved for reconsideration based on the Supreme Court’s recent decision in Limelight Networks, Inc. v. Akamai Technologies, Inc., 134 S. Ct.…
Motion to Stay Pending Inter Partes Review Denied Where Plaintiff Had Prevailed in Previous Inter Partes Review
In this patent infringement case, Plaintiff, CTP Innovations, LLC (“CTP”) sued V.G. Reed and Sons, Inc. (“Reed”) to stop Reed’s alleged infringement of two United States patents, which pertain to systems and methods of providing publishing and printing services by a communication network involving computer to plate technology. Reed moved…
Court Excludes Plaintiff’s Experts Where Experts Failed to Comply with Rule 26 Disclosures
In this patent infringement action, the defendants, Hangzhou Langhong Technology Co., Ltd. and Langhong Technology USA Inc., moved to exclude the testimony of plaintiff’s experts on infringement and damages. The district court had previously issued a scheduling order setting March 26, 2014 as the deadline for the parties to designate…
Motion to Stay Enforcement of Judgment Denied Where Defendant Was Found to be a Willful Infringer and Offered Inadequate Security
On May 16, 2014, the district court entered Judgment on a jury verdict in favor of Plaintiff Global Traffic Technologies, LLC (“GTT”) in the amount of $5,052,118, enhanced damages in the amount of $2,526,059, and prejudgment interest in the amount of $923,965, plus $1,384.14 for each day after October 31,…
Revenue-Driven Licensing Activities Fail to Satisfy Domestic Industry Requirement for ITC Action
The ALJ terminated the ITC investigation upon granting respondent’s motion for summary judgment for lack of domestic industry, finding that the complainant’s (a licensing entity) patent-related activities were solely revenue-driven rather than production driven. Optical Disc Drives, Components Thereof, and Products Containing the Same, 337-TA-897 (ITC July 30, 2014, Order)…
District Court Denies Preliminary Injunction Where Plaintiffs Could Not Show Irreparable Harm Because Defendant Is Large and Well Established Company
Plaintiff Hill-Rom Company, Inc. (“Hill-Rom”) filed a motion for a preliminary injunction against General Electric Company (“GE”). The district court began its discussion by noting that “[t]he Federal Circuit has said that preliminary injunctions are a “drastic and extraordinary remedy” that should not routinely be used. Nat’l Steel Car. Ltd.…
Motion to Set Aside Default Where Defendant Waited Too Long to Obtain New Counsel
Plaintiff Fleet Engineers, Inc. (“Fleet”) develops, manufactures, and sells after-market products for the trucking industry. Defendant Tarun Surti, the president of Mudguard Technologies, LLC (“Mudguard”), owns a mud flap patent on which this lawsuit is focused. Fleet filed a complaint which asserted three claims: (1) a request for a declaratory…