Robocast filed patent infringement actions against Apple and Microsoft. As expert reports were underway, Apple and Microsoft moved to compel undisclosed surveys that were commissioned by one of Robocast’s experts. As the Magistrate Judge explained, “Specifically, I am asked to resolve the parties’ dispute concerning certain undisclosed surveys commissioned by…
Patent Lawyer Blog
On Sale Bar Doctrine Rendered Patent Invalid Where Presentation and Manufacturer’s Quote Constituted Offers for Sale
Orbis Corporation (“Orbis”), a manufacturer of commercial baking trays, owns U.S. Patent 6,273,259 (“the ‘259 patent”), which covers a baking tray (“the NPL663 tray”). As explained by the district court, “Orbis sells the NPL663 trays solely to Bimbo Bakeries, Inc. (“Bimbo”), and Bimbo’s affiliated brands. Several years ago, one of…
Daubert Motion to Strike Expert Testimony Denied Where Lump Sum Royalty Was Not Improperly Based on Total Market Value of Accused Products
In this patent infringement action, the patent owner sought a reasonable royalty in the form of a lump sum payment. HTC filed a Daubert motion to exclude the expert’s opinion on the ground that the lump sum royalty impermissibly included the entire market value. The district court began its analysis…
Defendant’s Motion for Leave to Amend Invalidity Contentions Denied Where Defendant Disclosed Prior Art to Plaintiff But Waited Four Months to File Motion for Leave to Amend
Defendant Green Max Distributors, Inc. (“Green Max”) filed a motion for leave to amend its invalidity contentions. In the motion, Green Max sought to add photos, publications, and prior-art references to its original invalidity contentions. These additional references included additional photos that “more clearly and from different angles” depicted the…
Softview v. Apple: District Court Grants Stay Pending Inter Partes Review Even Though It Had Denied Previous Request for Stay Pending Reexamination
In this patent infringement action, a number of the defendants moved to stay the case pending an Inter Partes Review (“IPR”) of the patent-in-suit. The district court had previously denied a motion to stay pending a previous reexamination proceeding before the patent office. In October 2012, shortly after the America…
Motion to Amend Infringement Contentions Denied Where Plaintiff Waited Too Long After Claim Construction Ruling
Plaintiff Power Integrations, Inc. (“Power Integrations” or “PI”) filed a patent infringement action against Defendants Fairchild Semiconductor Int’l, Inc., Fairchild Semiconductor Corp. (collectively, “Fairchild”) and System General Corp. (“System General”). Power Integrations is a manufacturer of power conversion integrated circuit devices, which are used in power supplies for electronic devices…
Carnegie Mellon v. Marvell: District Court Upholds $1.1 Billion Jury Verdict Against Marvell
Carnegie Mellon University (“CMU”) filed a patent infringement action Marvell Technology Group and Marvell Semiconductor, Inc. (“Marvell”) that alleged infringement of two CMU patents. The jury rendered a verdict in favor of CMU, finding that Marvell infringed the patents, that the patents were valid and that there was willful infringement.…
“Order on Confusion”: District Court Orders Parties to Submit Jury Instructions “in Plain Language” or Waive Right to Jury Trial
In this patent infringement action between i-Tec Well Soultions, LLC (“i-Tec”) and Peak Completion Technologies, Inc. (“Peak”), the district court issued an unusual order as the case approached trial. With the case expected to be a jury trial, both sides were ordered to submit tailored jury instructions. The district court,…
I/P Engine v. Google: Motion for Ongoing Royalty Granted Even Though Plaintiff Could Not Prove Entitlement to Permanent Injunctive Relief
I/P Engine, Inc. (“I/P Engine”) filed a complaint against AOL, Inc., Google, Inc., IAC Search & Media, Inc., Gannett Company, Inc. and Target Corporation (collectively “Defendants”) in which I/P Engine alleged that the Defendants infringed several of its patents. After a jury trial, the jury reached a verdict finding that…
Tomita v. Nintendo: Remittitur or New Trial Ordered on $30M Damage Verdict Where Jury Likely Weighed Profitability of Games Rather Than the Profitability of the Accused Device
Tomita Technologies USA, LLC (“Tomita”) won a jury verdict of $30M against Nintendo in patent infringement action. The jury found that Nintendo’s 3DS infringed the patent-in-suit (the ‘664 patent) and that the ‘664 patent was not invalid. Nintendo filed several post-trial motions, including a motion for a remittitur of the…