In Arrival Star S.A.., et al. -v- Meitek Inc., et al., Defendant Meitek Inc. (“Meitek”) moved for Rule 11 sanctions against the Plaintiff Arrival Star S.A. (“Arrival Star”) based on Meitek’s contentions that “ArrivalStar’s counsel (1) failed to prepare any claim construction before filing suit, (2) made a “tactical decision”…
Patent Lawyer Blog
Allegations of Inducing Infringement Insufficient Where Plaintiff Failed to Plead Allegations Sufficient to Support an Inference of Intent to Induce Infringement
Plaintiff Benjamin Grobler (“Grobler”) filed a patent infringement action against Sony Computer Entertainment America LLC (“Sony”) alleging direct and indirect (both inducing and contributory) infringement. Grobler subsequently filed an amended complaint that removed the contributory infringement claim and asserted a claim for indirect infringement limited to inducing infringement. Sonly filed…
Inter Partes Review: Procedure for Amending Claims
In IPR2012-00001, on January 25, 2013, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Lee, Tierney and Cocks) issued an order regarding the conduct of proceedings (“Order”) in Garmin International, Inc. v. Cuozzo Speed Technologies, LLC. The Order followed a conference call to discuss any issues the parities may have…
Apple v. Samsung: The District Court Issues Its Final Rulings Denying Motions for New Trial and Finding No Willful Infringement; Next Stop the Federal Circuit
In a set of mixed rulings for the parties, the district court denied the parties’ motions for new trial, found Samsung did not willfully infringe Apple’s patents, invalidated certain claims of one of Samsung’s patents, denied Samsung’s motion for indefiniteness of certain of Apple’s patents and denied Apple’s motion for…
Patent Case Rulings from the Central District of California: Jan. 14 to Jan. 31, 2013
The following ten decisions were reported in patent cases pending in the Central District of California for the period of January 14 through January 31, 2013. The authors of www.PatentLawyerBlog.com are patent trial lawyers at Jeffer Mangels Butler & Mitchell LLP. We represent inventors, patent owners and technology companies in…
Inter Partes Review: Who is a Required “Real Party in Interest”?
Under 35 U.S.C. 312(a)(2) and 37 CFR § 42, all “real parties in interests” (RPIs) are required to be named in an Inter Partes Review petition. Failure to name all RPIs could result in denial of a petition. The policy behind this requirement is rooted in the estoppel provisions that…
Recommendation to Grant Motion to Dismiss for Lack of Standing Where Plaintiff Did Not Retain Sufficient Rights in Patent-in-Suit
Azure Networks, LLC and Tri-County Excelsior Foundation (“Plaintiffs,” “Azure” or “TCEF”) filed a patent infringement action against several defendants, including Qualcomm and Marvell, among others. As explained by the court, “[t]he ‘129 Patent is entitled ‘Personal Area Network with Automatic Attachment and Detachment’ and discloses a Personal Area Network (“PAN”),…
Inter Partes Review: Dismissal Without Prejudice Bars Application of the IPR Statute of Limitations
In IPR2012-0004, on January 24, 2013, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Blankenship, Giannetti and McNamara) issued its Decision on Petitioner MacAuto USA’s (“Petitioner”) IPR petition for review of BOS GmbH & KG (“Patent Owner”) U.S. Patent No. 6,422,291. The ‘291 patent relates to a roll-up blind especially…
Allegations That Patent Holder “Buried” the Patent and Trademark Office with Prior Art References Insufficient to Support Inequitable Conduct Claim
Plaintiff Parkervision, Inc. filed a patent infringement action against Qualcomm. Qualcomm answered the complaint and alleged an affirmative defense of inequitable conduct and a counterclaim that included a claim for inequitable conduct. Parkervision moved to strike the affirmative defense and the counterclaims pertaining to inequitable conduct, among other defenses and…
Russian Company Served Through Texas Secretary of State Held Proper Service Because the Russian Federation Unilaterally Suspended All Judicial Cooperation with the United States in Civil and Commercial Matters
Blue Spike, LLC (“Blue Spike”) filed a patent infringement action against Biolink Solutions LTD. (“Biolink”) and Biometric, LLC. Biolink is a Russian company that has no offices, employees, agents, distributors or related entities in Texas, but does business in Texas according to the complaint. Blue Spike served Biolink with the…