For over a decade, to show that a claim term is invalid as indefinite under 35 U.S.C. §112, ¶2, the Federal Circuit has required that such terms be “not amenable to construction” or “insolubly ambiguous.” The Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc. has rejected that standard on…
In the long-awaited decision in Limelight Networks, Inc. v. Akamai Techs., Inc., the Supreme Court once again reversed the Federal Circuit. This time, the Court’s reversal involved the issue of indirect infringement. Specifically, the Court held that an accused infringer cannot be liable for inducing infringement under §271(b) where no…
In these patent infringement actions, the defendants moved to transfer to three different district courts. As explained by the district court, “[t]here are currently six pending actions in the District of Delaware involving LifePort, LifeScreen, or both. All of the infringement cases involve technology pertaining to the field of minimally…
After the district court issued a Markman ruling, the parties informed the court that they had reached an agreement in principle to settle the action. The plaintiff, FlatWorld, then moved to vacate the claim construction order. The district court noted that it had only adopted FlatWorld’s proposed construction for one…
Plaintiff Trading Technologies International, Inc. (“TT”) moved to strike the invalidity expert report of the defendant, CQG. TT made two arguments its motion: “(1) that Dr. Mellor failed to conduct a proper written description analysis because, according to TT, he incorrectly focuses on features that are not recited in the…
Plaintiffs Versata Software, Inc. and Versata Development Group, Inc. (collectively, “Versata”) filed a patent infringement action in July 2012 against defendant Callidus Software, Inc. (“Callidus”) The patents were all characterized as “covered business method patents.” Callidus filed a challenged to the validity of the patents-in-suit in August 2013, pursuant to…
In this patent infringement action between Golden Bridge Technology, Inc. (“Golden Bridge or GBT”) against Apple, Golden Bridge’s counsel moved to withdraw as counsel of record because Golden Bridge had failed to pay the legal bills. As explained by the court, “[s]ince this case appeared on the undersigned’s docket, Plaintiff…
HTC Corporation and HTC America, Inc. (“HTC”) moved for a finding that this patent infringement action is “exceptional” under the Patent Act’s fee-shifting provision which authorizes the award of attorney fees and costs to prevailing parties in “exceptional cases.” 35 U.S.C. § 285. The district court had previously found that…
In this patent infringement action, the district court concluded that the parties were over-litigating the case and matters were only getting worse as trial got closer. “The Court’s previously stated concern that the parties are over-litigating this case is growing. 18 motions in limine were filed, and 15 were denied.…
After the district court granted a motion to compel in which it overruled the defendants’ objections and ordered the defendants to provide complete responses to the interrogatories and to produce all responsive documents, the defendants provided supplemental responses but renewed the overruled objections and asserted additional objections that were not…