After trial and the denial of post-trial motions, AT&T Operations, Inc. (“AT&T”) filed motion to extend the time to file a notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a). AT&T argued that the e-mail notice of electronic filings (NEF’s) that defense counsel received did not provide them…
Clouding IP (“Clouding”) filed a patent infringement action against Rackspace, which alleged direct, indirect, and willful infringement of the patents-in-suit. The district court granted defendant Rackspace’s motion to dismiss with respect to indirect infringement, but also granted Clouding leave to amend its complaint. In that ruling, the district court found…
Digital-Vending Services International, LLC (“Digital-Vending”) filed a patent infringement action against The University of Phoenix, Inc. and Apollo Group, Inc. (“Defendants”). During the course of the litigation, the Magistrate Judge granted Defendants’ motion for sanctions for Digital-Vending’s spoliation. After the matter settled, Digital-Vending and the Defendants filed a consent motion…
Geotag, Inc (“Geotag”) filed a patent infringement action against Frontier Communications Corp. (“Frontier”). Frontier filed a motion for summary judgment of non-infringement, arguing that no triable issue of material fact exists as to whether their accused products practice the limitations of U.S. Patent No. 5,930,474 (“the ‘474 Patent”) requiring topical…
Infinite Data filed twenty-one patent infringement actions against a number of companies, including Amazon.com. Mellanox Technologies sued Infinite Data for a declaratory judgment that its technology does not infringe Infinite Data’s patent and that the patent is invalid. Mellanox also alleged that it had received indemnification requests from “many” of…
To resolve Apple and Nokia’s request for sanctions against Samsung from Samsung’s violation of a protective order, the court ordered written discovery and depositions to determine the extent of the violation. After discovery and several hearing, the court began its analysis by noting that “[a] junior associate missing one redaction…
Wonderland Nurserygoods Co., Ltd.(“Wonderland”) filed a patent infringement action against Thorley Industries, LLC, d/b/a 4MOM (“Thorley”) for infringement of U.S. Patent No. 8,047,609 (the “‘609 Patent”) by the accused mamaRoo device. Pursuant to the Court’s Initial Patent Scheduling Order, Wonderland served its Disclosure of Asserted Claims and Infringement Contentions (“Infringement…
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…