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Patent Lawyer Blog

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Doctrine of Equivalents Opinion Excluded Where Plaintiff Failed to Comply with Disclosures Required by Scheduling Order

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…

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Potter Voice v. Apple: Claims for Willfulness Survive Motion to Dismiss Where Siri Inventors Allegedly Knew of Patent Prior to Employment with Apple

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…

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Damage Expert’s Failure to Consider Non-Infringing Alternatives Justifies Summary Judgment of No Lost Profits

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…

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Claims for Inducing Infringement and Contributory Infringement Dismissed for Failure to Allege Knowledge of Patent-in-Suit

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…

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Taser Takes Down Expert in Patent Infringement Action Where Electrical Engineer Was Not Qualified to Offer Expert Opinions on Electrophysiology

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…

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Communication That Was Business Communication Could Not Be Protected by Attorney-Client Privilege But Could be Protected by Spousal Privilege

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…

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Motion to Stay Pending Inter Partes Review Denied Where Inter Partes Petition Did Not Challenge Two of the Asserted Independent Claims of the Patent-in-Suit

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…

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Kimberly-Clark v. First Quality: District Court Excludes Expert Testimony on Obviousness for Failure to Include the Opinion on Obviousness in the Expert Report

Kimberly-Clark Worldwide, Inc. (“Kimberly-Clark) filed a patent infringement action against First Quality Baby Products, LLC (“First Quality”) over a variety of patents relating to disposable absorbent products, such as diapers and incontinence products, including U.S. Patent No. 5,147,343 (the “Kellenberger Patent”), which relates to an absorbent composite or core for…

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Royalty Awarded After Remittitur More Appropriately Based on Percentage Than Dollar Figure Per Unit Sold to Avoid Windfall to Plaintiff

In February 2013, Tomita Technologies USA, LLC (“Tomita”) went to trial before a jury against Nintendo Co., Ltd. (“Nintendo”). In March 2013, the jury returned a verdict in favor of Tomita in the amount of $30.2 million, finding that the Nintendo 3DS infringed one of Tomita’s patents. The jury also…

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District Court Excludes Royalty Calculation of Defense Expert Where Expert Used an Incorrect Date for the Hypothetical Negotiation

As Cassidian Communications, Inc.’s (“Cassidian”) patent infringement case against Microdata GIS, Inc. (“Microdata”) moved toward trial, Cassidian moved to exclude the testimony of defendants’ expert. The motion to exclude was based on the argument that the expert report was fatally flawed in that it calculated a reasonable royalty based on…

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