In this patent infringement action, the defendant, Faro Technologies (“Faro”), moved to exclude the plaintiff’s expert with respect to the expert’s opinion regarding the absence of acceptable non-infringing alternatives as a basis for lost profits. Faro moved to exclude on the basis that the plaintiff’s expert economist lacks the expertise…
Patent Lawyer Blog
Complainants in ITC Proceeding Permitted to Drop Patent from Investigation Over Objection from Respondents that Complainants Committed Inequitable Conduct before the Commission
In May 2012, the Complainants in this ITC proceeding, Standard Innovation (US) Corp. and Standard Innovation Corporation (“SIC”) filed a motion to terminate the Investigation in part with respect to U.S. Patent No. D605,779 (the “‘779 patent”). SIC filed the motion seeking to withdraw its allegations with respect to the…
SAP v. DataTern: Summary Judgment Granted Where Patent Holder Failed to Serve Infringement Contentions
SAP AG and SAP America (“SAP”) filed a motion for partial summary judgment against DataTern for failing to serve infringement contentions charting the patents-in-suit against SAP’s accused products. The district court’s order specified that the infringement contentions were required to be served on or before March 23, 2012. In analyzing…
Apple v. Samsung: After Remand from the Federal Circuit, Apple Wins Preliminary Injunction Against Samsung
Last December, the district court in the Northern District of California denied Apple’s motion for a preliminary injunction. Apple had moved for the preliminary injunction based on alleged infringement of three design patents and one utility patent. After the denial of the preliminary injunction motion, Apple appealed the order to…
Apple v. Samsung: The District Court Strikes Parts of Apple’s and Samsung’s Experts Reports
In this ongoing patent infringement battle between Samsung and Apple, both parties moves to strike the other’s expert reports. Because of the time sensitive nature of the motions to strike the experts due to the proximity of trial, the court did not address the motions in detail but did make…
Eastern District of Texas Orders Parties to Address Issues Pertaining to Consolidating “Serially” Filed Patent Infringement Cases on the Same Patent Against Different Defendants
The plaintiff filed several patent infringement actions against different defendants in the Eastern District of Texas. Because of the America Invents Act (“AIA”), the plaintiff filed the actions separately. The district court scheduled a combined scheduling conference for the separate cases and prior to the scheduling conference requested that the…
Court Denies Provision of Protective Order That Would Restrict Transmission of Protected Information Outside of the United States
In this patent infringement action, the district court analyzed the parties’ disputes regarding whether a protective order should include a provision to restrict the transmission of center sensitive documents outside of the United States. The defendants requested a provision in the protective order that would preclude the transmission of highly…
Multi-District Panel Centralizes Case at Request of Plaintiff and Moves All Actions to Illinois
Plaintiff Forest Laboratories, Inc. (“Forest”) moved to centralize their litigation in the District of Delaware. The litigation consisted of two action pending in the District of Delaware and the Northern District of Illinois. The defendants in the Delaware action did not oppose centralization, but one of the defendants suggested selection…
Parallel Networks Cases Centralized in the Eastern District of Texas Over Parallel Networks Objection
Parallel Networks had several lawsuits pending against different defendants in different district courts. The pending litigations consisted of nine actions, pending in the Eastern District of Texas and the District of Delaware. Four defendants sought centralization of the litigation in the Eastern District of Texas. Three of the District of…
Apple v. Motorola: Apple Wins Motion for Summary Judgment of Non-Infringement
Apple moved for summary judgment with respect to Claim 5 of Motorola’s U.S. Patent No. 6,175,559 (the ‘559 patent). Claim 5 of the ‘559 patent provides for a A method of generating preamble sequences in a CDMA system, the method comprising” steps of forming an outer code, forming an inner…