In the patent infringement action brought by Carnegie Mellon University (“Carnegie Mellon” or “CMU”) against Marvell Technology Group, LTD. (“Marvell’), the jury returned a verdict in favor of Carnegie Mellon in the amount of $1.17 billion, finding that Marvell had infringed two patents owned by Carnegie Mellon. The jury also…
Patent Lawyer Blog
Apple v. Samsung: Samsung’s Argument Regarding Juror Misconduct Insufficient to Justify a New Trial
After the jury returned a verdict in Apple’s favor for over $1 billion in damages, Samsung moved the district court for a new trial. Samsung’s based its motion on the argument that the jury foreperson gave dishonest answers during voir dire and that interviews he gave after the verdict demonstrated…
Apple v. Samsung: Apple Loses Bid for Permanent Injunction against Samsung Because It Cannot Show Nexus Between Harm and Patented Features
Apple suffered yet another set back in the Smartphone wars, this time losing its motion for a permanent injunction against Samsung. The district court denied the permanent injunction primarily on the ground that Apple could not show irreparable harm that would result to Apple if an injunction did not issue.…
Plaintiff Had Standing to Pursue Patent Infringement Action Against AOL and Google Where It Had Acquired All Substantial Rights to the Patent-In-Suit
Plaintiff Suffolk Technologies, LLC (“Suffolk”) brought a patent infringement action against AOL and Google. Suffolk’s complaint alleged that “AOL and Google have infringed U.S. Patent No. 6,082,835 (135 patent) entitled “Internet Server and Method of Controlling an Internet Server.” The ‘835 patent claims a method of controlling an internet server…
Respondent’s Motion to Compel Based on Declaration from a Former Employee That Complainant’s Counsel Were in Contact with Current Employees of Respondent Was Denied Where Complainant’s Counsel Represented to ALJ That No Such Contact Had Occurred
Respondent ClearCorrect Pakistan (Private) Ltd. (“CCPL”) moved to compel complainant Align Technology, Inc. (“Align”) to produce documents and supplement responses to interrogatories. As explained by the Administrative Law Judge, “CCPL asserts that Align has provided incomplete responses to Document Request No. 9 and Interrogatory No. 13. CCPL says that Document…
LG Moves to Compel Plaintiff to Produce Inventor Who Resides in Taiwan to Sit for a Deposition in the United States
In this patent infringement action between Industrial Technology Research Institute (“ITRI”) and LG Corporation (“LG”), LG moved to compel ITRI to make a Taiwanese citizen, who was also the inventor of the patent-in-suit, but no longer an employee of ITRI, to sit for a deposition in the United States. The…
Court Denies Marvell’s Emergency Motion to Strike Carnegie Mellon’s Attempt to Include Noninfringing Sales of Chips That Are Never Used in the United States as Untimely and an Improper Attempt at Reconsideration
During jury selection in this patent infringement action, Marvell Technology Group, LTD (“Marvell”) filed an emergency motion to strike a portion of Carnegie Mellon’s (‘CMU”) damages. In the case, CMU asserted that Marvell infringed two of its patents directed to sequence detection in high density magnetic recording devices, specifically to…
The America Invents Act Brings Patent Litigation to the Patent and Trademark Office: Declarations and Depositions Will Now Be Common for the First Time
The America Invents Act (the “AIA”) includes a new inter partes review (“IPR”) procedure that takes the place of the old inter partes reexamination. The new IPR procedure, called a “trial” once the petition for review is granted by the Patent Office, permits declarations, limited discovery, including depositions, and potentially…
Administrative Law Judge Limits Discovery of Electronically Stored Information in Proceeding before ITC by Limiting the Number of Custodians to 15
Complainant FlashPoint Technology, Inc. (“FlashPoint”) initiated an ITC proceeding against HTC Corporation, among others. FlashPoint filed a motion for a protective order seeking to limit the discovery of electronically stored information. FlashPoint proposed a limit of 15 custodians collectively for respondents to select, which included an option to negotiate for…
Apple v. Samsung: Apple Is Ordered to Turn over Recent Settlement Agreement with HTC to Samsung Despite HTC’s Objections
After the recent global settlement between Apple and HTC, the terms of which Apple and HTC agreed to keep confidential, Samsung requested production of the agreement from Apple. Samsung moved to compel the production of the agreement. Samsung sought discovery of the agreement with HTC to support its opposition to…