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Multimedia Patent Trust Is Not Permitted to Add New Products in Final Infringement Contentions Based on Court’s Claim Construction Order

On December 20, 2010, Plaintiff Multimedia Patent Trust (“MPT”) filed a patent infringement action against Defendants Apple, Inc. (“Apple”), LC Electronics, Inc., LC Electronics U.S.A., Inc., and LC Electronics Mobilecomm U.S.A., Inc. (collectively “LC”), and Canon USA, Inc. and Canon, Inc. (collectively “Canon”). The complaint alleged that Defendants are liable…

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Microsoft v. Motorola: District Court Denies Motorola’s Summary Judgment on Microsoft’s Claim for a RAND License

Motorola moved for partial summary judgment to dismiss Microsoft’s claim for a reasonable and non-discriminatory (“RAND”) license agreement to be determined by the district court. As explained by the district court, “Microsoft and Motorola are both members of the Institute of Electrical and Electronics Engineers (“IEEE”) and the International Telecommunication…

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Defendant’s Argument That It Practiced the Prior Art Not Sufficient to Avoid Finding of Infringement on Summary Judgment

Plaintiff Gen-Probe Incorporated (“Gen-Probe”) filed a patent infringement action against Becton Dickinson & Company (“Becton Dickinson”) alleging infringement of its Automation and Cap patents. The Automation patents resulted from Gen-Probe’s development of a single automated instrument to detect a target nucleic acid indicative of the presence of a target pathogen…

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Apple v. Samsung: Court Dissolves Injunction and Permits Sale of Samsung’s Galaxy Tab 10.1

Earlier this summer, the district court enjoined Samsung from “making, using, offering to sell, or selling within the United States, or importing into the United States, Samsung’s Galaxy Tab 10.1 tablet computer, and any product that is no more than colorably different from this specified product and embodies any design…

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Chief Judge Kozinski Rules in Favor of Google Finding Street View Did not Infringe Vederi’s Patents

Vederi owns several patents which cover certain methods for enabling users to navigate a geographic area visually from a device, including a personal computer. Vederi asserted that Google’s Street View service, which allows users to explore geographic location by viewing street-level imagery, infringed its patents. Both parties cross moved for…

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Apple v. Samsung: The Federal Circuit Frees the Galaxy Nexus from Siri’s Injunctive Grip

In June 2012, the United States District Court for the Northern District of California enjoined Samsung’s Galaxy Nexus smartphone because it likely infringed Apple’s 8,086,604 patent (the “‘604 patent”) and because Apple was likely to suffer irreparable harm in the absence of an injunction. Apple prevailed at the district court…

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Covenant Not to Sue Blocks Declaratory Judgment Action Seeking to Invalidate Patent

The plaintiff, Mytee Products, Inc. (“Mytee”) manufactures and sells a sealing fan under the name Tradewind. Defendants Studebaker Enterprises, Inc. (“Studebaker”) and Dri-Eaz Products, Inc. (“Dri-Eaz”) were assigned ownership rights in the patents-in-suit, which are both entitled “Shrouded Floor Drying Fan.” Another of the defendants, Skagit Northwest Holdings, Inc. (“Skagit”)…

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Apple Inc. v. Samsung Electronics Co. Ltd – Apple’s landslide victory over Samsung in a US District Court does not mark the end of the so called smart phone ‘patent wars’

This article was first published in Vol. 12, Issue 4 of E-Commerce Law Reports and is reprinted with permission. As the smart phone wars continue to rage across the world, the verdict in the Apple v. Samsung case is the latest battle to end, at least for now, in favor…

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Freddie Mac Proves Patent Invalid on Motion to Dismiss That Is Converted into a Summary Judgment Motion for Claiming Unpatentable Subject Matter

Graff/Ross Holdings LLP (“Graff/Ross”) filed a patent infringement action against the Federal Home Loan Mortgage Corporation (“Freddie Mac”) for patent infringement. Freddie Mac moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) on the ground that the patent was invalid for claiming unpatentable subject matter. The district court referred the motion to…

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Administrative Law Judge Denies Request to Exclude Rebuttal Witness and States That the Request Did Not Merit a Motion that Expends the Resources of the ITC and the Parties

Complainant Knowles Electronics, LLC (“Knowles”) initiated an investigation with the ITC against Analog Devices, Inc. Amkor Technology, Inc. and Avnet, Inc. (collectively, the Respondents) over silicon microphone packages. During the proceeding, Knowles submitted a rebuttal witness statement from Mr. Phillip Green. The Respondents moved to exclude the rebuttal statement alleging…

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