Close

Patent Lawyer Blog

Updated:

Motion to Stay Pending CBM Review Granted Where Non-Practicing Entity Did Not Seek Preliminary Injunction

Boku, Inc. (“Boku”) filed a CBM petition with the PTAB seeking review of the patentability of Plaintiff’s U.S. Patent No. 7,273,168 (the “‘168 patent”). The petition challenged all claims of the ‘168 patent on grounds that they are indefinite, or anticipated by or rendered obvious by one or more of…

Updated:

Image Processing Patent Held To Be An Abstract Idea Under Alice Corp.

Digitech Image Technologies (“Digitech”) asserted U.S. Patent No. 6,128,415, directed to the generation and use of device profiles for digital image processing system against numerous defendants, including Xerox and Fujifilm Corporation. Digitech appealed the district court’s finding on summary judgment that the asserted claims were invalid under 35 U.S.C. §101.…

Updated:

Adrea v. Barnes & Noble: Court Holds That Adrea Is Precluded From Seeking Certain Past Damages for Failure to Mark

Adrea, LLC (“Adrea”) filed a patent infringement action against Barnes & Noble, Inc., barnesandnoble.com llc, and Nook Media LLC (collectively, “B&N”), which alleged that B&N’s e-reader Nook infringed U.S. Patent Nos. 7,298,851 (“the ‘851 patent”), 7,299,501 (“the ‘501 patent”), and 7,620,703 (“the ‘703 patent”). As explained by the district court,…

Updated:

Permanent Injunction Granted After Jury Trial Where Plaintiff and Defendant Were Competitors and Plaintiff’s Products that Embodied Patent-in-Suit Constituted Core of Plaintiff’s Business

After a jury trial in which Power Integrations, Inc. (“Power”) obtained a verdict of infringement and validity in its favor against Fairchild Semiconductor (“Fairchild”), Power moved for a permanent injunction. In analyzing the motion, the district court first repeated the common test from eBay: “In order to obtain a permanent…

Updated:

Finding of Exceptional Case Denied Due to Unclean Hands

In Gaymar Industries, Inc. v. Cincinnati Sub-Zero Products, Inc. et al, 1-08-cv-00299 (NYWD July 3, 2014, Order) (McCarthy, M.J.), the magistrate judge recommended denial of defendant’s request for reconsideration of its failed motion for attorneys’ fees under 35 U.S.C. §285 in light of Defendant’s unclean hands. After the court’s denial…

Updated:

Walker Digital v. Google: Stay Pending CBM Review Denied Where Discovery Was Complete and Stay Would Prejudice the Plaintiff

After the PTAB instituted a CBM review of the patents-in-suit, Google sought a stay of the litigation pending resolution of CBM review by the PTAB. The district court explained that “[c]ourts consider four factors when deciding whether to stay litigation pending CBM review: (1) whether a stay will simplify the…

Updated:

Court Excludes Defense Damage Expert’s Royalty Base Where Expert Based Royalty Base Solely on “Inventive Aspects” of Patent and Not on All Claimed Elements

ThinkOptics, Inc. (“ThinkOptics”) filed a patent infringement action accusing several Defendants of infringing three patents: U.S. Patent Nos. 7,796,116; 7,852,317; and 7,864,159. As explained by the district court, “[t]he three patents share a common specification and are directed to systems and methods for displaying and moving a cursor on a…

Updated:

Apple v. Samsung: Court Denies Samsung’s Request for Discovery Based on Apple’s Alleged Disclosure of Confidential Information

In the ongoing patent battle between Samsung and Apple, Samsung, trying to turn the tables on Apple, filed a motion for sanctions based on Apple’s disclosure of confidential information. The court had previously sanctioned Samsung for disclosing confidential information. Prior to addressing the specific Samsung motion, the court went through…

Updated:

After Entry of Judgment, District Court Orders Deposit of Amount of Judgment Plus 20% Interest for One Year in order to Obtain Stay of Execution Pending Appeal

Innovention Toys, LLC prevailed in a patent infringement action against MGA Entertainment. After the Court entered a final judgment, the parties agreed that execution of the judgment should be pending resolution of post-judgment motions and appeal but disagreed regarding the amount Defendant MGA should deposit with the district court as…

Updated:

Court Denies Motion to Compel Plaintiff’s Expert Testimony Prior to Claim Construction

Plaintiff Glas-Weld Systems, Inc., filed a patent infringement and unfair competition action against defendants Michael P. Boyle, dba Surface Dynamix, and Christopher Boyle. Plaintiff moved for partial summary judgment and to supplement the record, and Christopher Boyle moved to compel depositions of plaintiff’s expert. The district court stayed the partial…

Contact Us