James R. Taylor (“Taylor”) filed a patent infringement action against Taylor Made Inc. (“Taylor Made”). Taylor Made filed a motion to dismiss the action on the ground that Taylor did not have standing to maintain the patent infringement action because Taylor’s ex-wife had not been made a party to the…
Patent Lawyer Blog
Administrative Law Judge at ITC Grants Motion for Leave to File Motions for Summary Determination Out of Time Because Complainant Did Not Provide Additional Support for Infringement Contentions in Expert Report
In this ITC proceeding, the Respondents filed a motion for leave to file motions for summary determination after the deadline for filing motions for summary determination set by the procedural schedule. Respondents asserted that good cause existed for granting the motion because it would efficiently resolve all of the issues…
$50 Million Jury Verdict Over Turned Where Plaintiff Based Damage Theory on Worldwide Sales of Accused Products But Only Established That “Some” of Worldwide Sales Were Infringing
Promega Corporation (“Promega”) filed a patent infringement action against Life Technologies Corporation (“Life Technologies”), among others, over four patents pertaining to a type of DNA testing called “multiplex amplification of shorten tandem repeat loci.” Prior to trial, the district court determined that two of the defendants sell testing kits that…
Apple Moves to Limit Claims Asserted and Court Orders the Plaintiff to Reduce 247 Claims to 70 Claims over 10 Patents
Plaintiff Unwired Planet (“UP”) filed a patent infringement action against Apple asserting over 247 claims in ten different patents. Apple filed a motion to limit the number of claims. In the motion, Apple asserted that UP had included approximately 80% of the total number of claims in the patents. Apple…
Register Now for a Patent Litigation Webinar: Taking Advantage of the New Inter Partes Review Process
Wednesday, May 22, 2013 1:00pm – 2:00pm The America Invents Act: Litigation in the Patent Office How to Take Advantage of the New Inter Partes Review Process The America Invents Act includes a new inter partes review procedure that takes the place of the old inter partes reexamination. This new…
Micron Sends Email to Professors at the University of Illinois Stating that Micron Would Withhold Funding from the University Because It Remained a Defendant in a Patent Infringement Action Brought by the University
The University of Illinois filed a patent infringement action against Micron Technology. During the litigation, Micron sent an email to a number of individuals, which included many professors at the University of Illinois in the engineering department. A part of the email stated that “[b]ecause Micron remains a defendant in…
Allegation that Defendants Knew of Patent at Time of Service of Complaint Sufficient to Establish Knowledge Requirement for Inducing Infringement
Potter Voice filed a patent infringement action against Apple, Google, HTC, Sony, LG, Motorola, ZTE, Kyocera, Sharp, Huawei, Pantech, Research in Motion, Microsoft and Nokia. Many of the defendants filed several motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). After addressing the pleading standard for determining a Rule 12(b)(6) motion and…
Motorola v. Apple: Judge Postpones Markman and Orders Motorola and Apple to Clean Up Their Own Mess
As the litigation between Motorola and Apple rages on throughout the country, one judge has had enough of an ever increasing number of claims and patents asserted by both companies. As explained by the district court, “[b]oth Apple and Motorola greatly expanded the scope of this patent litigation by, among…
Motion to Exclude Advice of Counsel Granted Where Defendant Sought to Rely on Pre-Investigation Advice on Cease and Desist Letter While Preventing Discovery of Advice
Volterra Semiconductor (“Volterra”) filed a motion to prevent Primarion from offering evidence regarding the subjective prong of the Seagate test on willful infringement. See In re Seagate Technology, LLC 497 F.3d 1360 (Fed. Cir. 2007). As explained by the district court, “Volterra argues that Primarion’s Seventh Supplemental Responses to Volterra’s…
Pre-Filing Investigation at ITC Protected from Discovery as Work Product and Work Product Privilege Was Not Waived
In this ITC investigation, Respondents Yantai Zhenghai Magnetic Material Co., Ltd., Anhui Earth-Panda Advance Magnetic Material Co., Ltd., and Ningbo Jinji Strong Magnetic Material Co., Ltd. (collectively, “Manufacturing Respondents”) moved to compel discovery responses from Complainants Hitachi Metals, Ltd., and Hitachi Metals North Carolina, Ltd. (Collectively, “Hitachi Metals”). The motion…