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Brandywine v. Cisco: Motion to Dismiss Damage Claim Based on Inadequate Disclosures Denied But Plaintiff Ordered to Supplement With Information in Its Possession or Risk Preclusion

Brandywine Communications Technologies, LLC (“Brandywine”) filed a patent infringement action against Cisco Systems, Inc. (“Cisco”). During the initial case management conference, the parties were given additional time to supplement their initial disclosures and were told to do so “on pain of preclusion.” Cisco contended that the damage disclosures remained inadequate…

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Multimedia Patent Trust v. Apple: Motion to Strike Expert’s Equivalence Analysis Denied Where Defendants Were Merely Disagreeing With Expert on the Underlying Facts

In December 2010, plaintiff Multimedia Patent Trust (“MPT”) filed a complaint for patent infringement against several defendants, including Apple, LG and Canon. The complaint accused the defendants of infringing several patents pertaining to video compression technology. The district court subsequently granted Canon’s motion for summary judgment based on exhaustion. Prior…

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Federal Circuit’s Akamai Decision Begins to Impact Current Cases as Court Grants Leave to Amend Inducing Infringement Allegations

With the Federal Circuit’s recent decision in Akamai Techs., Inc. v. Limelight Networks, Inc., 2012 U.S. App. LEXIS 18532 (Fed. Cir. Aug. 31, 2012), the elements for proving inducing infringement changed significantly. As a result, we can expect that a number of plaintiffs in pending patent cases will seek to…

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Apple v. Samsung: A Sign of Things to Come? Court Reduces Attorneys’ Fees for Both Apple and Samsung for Block Billing

The court previously awarded sanctions in the form of attorneys’ fees pursuant to Fed.R.Civ.P. 37 to both Samsung and Apple based on various discovery motions. Apple and Samsung both filed applications for attorneys’ fees and then objected to each other’s applications. The court found the descriptions of the attorneys’ fees,…

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Carnegie Mellon University v. Marvell: Marvell Loses Motion to Exclude Damage Expert Testimony That Included Price and Profit Margin on Chips Where Damage Expert Did Not Rely Upon Entire Market Value Rule

With a trial pending in late November in this patent infringement action, Marvell Technology Group, LTD (“Marvell”) moved to strike Carnegie Mellon University’s (“CMU”) expert report on damages. Specifically, Marvell asserted that the expert’s reference to overall price, profit or margin of the chips accused of infringement in the litigation…

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Apple Settles with HTC: What Does It Mean for the Smartphone Wars?

Over the weekend, Apple and HTC settled all of the long running patent suits that both companies had filed against each other in multiple jurisdictions. Although few details of the settlement were released in the two sentence press release that included brief quotes from HTC and Apple, the companies did…

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District Court Stays Patent Case Pending Reexamination Despite Argument That Backlog at PTO after America Invents Act Would Slow Reexamination

Defendants BRP US Inc. and Bombardier Recreational Products, Inc. (“Bombardier” or “BRP”) filed a motion to stay pending the inter partes reexamination of the patents-in-suit asserted by Polaris Industries, Inc. (“Polaris”). Polar manufactures recreational vehicles, including snowmobiles and Polaris obtained patents for rear suspension technology for snowmobiles. Polaris asserts the…

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District Court Strikes Both Parties’ Excessive Exhibit Lists and Deposition Designations Prior to Trial

Carnegie Mellon University (“Carnegie Mellon”) filed a patent infringement action against Marvell Technology Group, Ltd. (“Marvell”). As the parties proceeded to trial, both parties filed exhibit lists, deposition designations and objections to the exhibits and the deposition designations. In all, the parties submitted 2700 separately listed exhibits, which both parties…

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CSR v. Bandspeed: Bandspeed Loses Motion for Summary Judgment of Non-Infringement

CSR Technology, Inc. (“CSR”) filed a patent infringement action against Bandspeed, Inc. (“Bandspeed”) for infringement of its signal processing patents. After the district court issued its claim construction ruling, Bandspeed moved for summary judgment. As the district court explained, “[t]he ‘771 and ‘886 patents relate to signal detection and acquisition…

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PB&J Software Patent Infringement Claims Dismissed with Leave to Amend for Failure to Identify a Product

PB&J Software (PB&J) filed a patent infringement action against defendant Backup Agent. PB&J is the assignee of the 7,356,535 patent (the ‘535 patent) and asserted that Backup Agent was infringing, inducing others to infringe and/or was contributorily infringing at least one claim of the patent by offering services and licensing…

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