In a nine to zero decision authored by Justice Breyer, the United States Supreme Court reversed a decision of the Federal Circuit and held that when a licensee seeks a declaratory judgment against a patentee that the licensee’s products do not infringe the licensed patent(s), the patentee bears the burden…
VirtualAgility, Inc. (“VirtualAgility) filed a patent infringement action against Salesforce.com, Inc. (“Salesforce”) over a patent purporting to cover processes and tools that provide a common framework for communicating effectively across diverse groups within an organization and for assessing key elements of the organization’s business. VirtualAgility sells cloud-based enterprise-level information technology…
In this patent infringement case brought by Carnegie Mellon University (“CMU”), against Marvell Technology Group, Ltd. and Marvell Semiconductor, Inc. (collectively “Marvell”), CMU alleged that Marvell has infringed two of its patents. After a four-week jury trial, the jury rendered its verdict in favor of CMU on infringement, validity, and…
TransUnion Intelligence LLC (“TransUnion”) filed a patent infringement action against SearchAmerica. After expert reports were served, SearchAmerica moved to exclude all references to the doctrine of equivalents and sought confirmation from TransUnion that they will not attempt to rely on a doctrine of equivalents theory for the remainder of the…
Potter Voice filed a patent infringement action against Apple, alleging infringement of U.S. Patent No. 5,729,659 (the ‘659 patent) through Apple products containing Siri. In 2010, Apple acquired a corporation called Siri, Inc., which in 2007 “spun off” from SRI International, the company that invented the Siri product now used…
Protegrity Corporation (“Protegrity”) filed a patent infringement action against Voltage Security, Inc. (“Voltage”)over patents that allegedly cover methods, systems and apparatuses for encrypting electronic data. Protegrity asserted that its patents are infringed by products sold by Voltage and it sought lost profits as damages. Voltage moved for summary judgment on…
Unisone Strategic IP, Inc. (“Unisone”) filed a patent infringement action against Tracelink, Inc. (“Tracelink”). Tracelink filed a motion to dismiss the claims for indirect (induced and contributory) infringement because Unisone had alleged no facts demonstrating Tracelink “had the intent to cause infringement . . . or that [Defendant] willfully infringed…
Taser International, Inc. (“Taser’) proceeded to trial on its patent infringement action against Karbon Arms, LLC (“Karbon Arms”). After expert reports and with the trial approaching, Taser filed a motion to exclude the expert testimony Val DiEuliis, one of Karbon Arms’ experts, regarding electrophysiology. As explained by Taser, Dr. DiEuliis…
Flatworld Interactives (“Flatworld”) filed a patent infringement action against Apple Inc. (“Apple”). During the litigation, Apple sought the production of several documents that Flatworld claimed were protected by the attorney-client privilege and the spousal privilege. In particular, Flatworld asserted the attorney-client privilege and the spousal privilege for certain documents. In…
Otto Bock HealthCare LP (“Otto Bock”) filed a patent infringement against Defendants Össur hf and Össur Americas, Inc. (together, “Össur”). Otto Bock alleged that a number of Össur’s infringed four claims of United States Patent No. 6,726,726 (the ” ‘726 Patent”). Otto Bock moved for a preliminary injunction, seeking to…