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…
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)…
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…
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…
In inter partes proceeding Apple Inc. v. Rensselaer Polytechnic Institute et al., IPR2014-00320, Petitioner Apple sought a second request for rehearing, before an expanded panel of the PTAB, on the Board’s decision not to institute an inter partes review of RPI’s U.S. Patent No. 7,177,798 (“the ‘778 Patent”). The Board…
Amazon.com (“Amazon”) filed a motion to dismiss Tuxis Technologies, LLC’s (“Tuxis”) complaint for failure to state a claim. Tuxis alleged infringement of the 6,055,513 (“the ‘513 patent”) against Amazon. As explained by the district court, the ‘513 patent relates to a method of upselling. The term “upsell” is defined in…
In the Macronix International Co., Ltd. et al. v. Spansion LLC, the PTAB denied Petitioner’s motion for joinder under Section 315(c). On November 8, 2013, the Petitioner filed a petition for inter partes review of U.S. Patent No. 7,151,027 (“the ‘027 patent”), which was later granted on May 8, 2014.…
In this patent infringement action between Personal Audio (“Personal Audio”) and Togi Entertainment, Inc. (“Togi”), the defendants filed a motion for summary judgment based on a license defense. They requested summary judgment “to the extent Plaintiff’s claims involve Apple software, products, systems, or services, all of which were previously licensed…
In the Ariosa Diagnostics v. ISIS Innovation Limited inter partes review, the PTAB set for the guidelines for taking depositions in a foreign language as required by 37 C.F.R. § 42.53(c). In addition to the requirement of 42.53(c) that the party calling the witness must initiate a conference with the…
As this patent infringement action headed to trial, the district court scolded both parties for their exhibit lists and, in particular, the objections to the exhibit lists. The district court explained that “Affinity has submitted a 39 page list of 979 exhibits. Out of the first 360 exhibits Ford objected…