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Patent Lawyer Blog

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Court Severs Defendants in Multi-Defendant Action But Then Consolidates the Severed Cases

Plaintiff Oasis Research, LLC (“Oasis”) filed a patent infringement action against twelve defendants alleging infringement of four patents. Generally, the patents claim methods for allowing a home computer user to remotely connect to an online service system for external data and program storage in addition to increased processing capabilities in…

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Apple v. Samsung: Court Denies Samsung’s Motion for an Adverse Jury Instruction Because Samsung Waited for “Months and Months” and Only Sought the Instruction During Trial

The epic patent battle between Apple and Samsung has proved taxing not only for the lawyers and the parties in the case, but also for the judicial system as well. In a recent decision by the Magistrate Judge handling many of the discovery issues in the case, the court pointed…

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Google Attempts to Intervene at the ITC in an Investigation Initiated by Nokia against HTC

Google moved to intervene as a respondent in the investigation brought by Nokia against HTC. HTC supported Google’s intervention and Nokia opposed it. Google asserted that it should be permitted to intervene as a respondent to defend its products and services and to protect its interest in the investigation. As…

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Apple v. Samsung: Samsung Moves to Preclude Apple from Commenting on Samsung’s Failure to Call Certain Witnesses at Trial

As the patent trial between Samsung and Apple continues, Samsung moved to preclude Apple from either eliciting testimony or attorney comment on Samsung’s failure to call certain witnesses to testify at trial. In its motion, Samsung asserted that permitting such testimony would be prejudicial and would be inappropriate because the…

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Apple Files Motion for Protective Order to Stop Deposition in Progress: Court Denies the Motion and Sanctions Apple, Including a Potential Waiver of Attorney-Client Privilege and Adverse Inference Instructions to Remedy the Misconduct in Stopping the Dep

The plaintiff filed a patent infringement action against several companies, including Apple, asserting infringement of its 6,502,135 patent (the “‘135 patent”). The ‘135 patent claims systems and methods that create a VPN based on a DNS request. The plaintiff claimed that Apple attempted to patent identical ideas in its own…

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Administrative Law Judge at ITC Strikes Supplemental Expert Reports Filed without Permission

MyKey Technology Inc. initiated an ITC Investigation against several respondents, including Guidance Software, Digital Intelligence, Yec Co., Ltd.. and Cru Acquisitions. The parties served initial reports, rebuttal reports and supplemental reports in the Investigation. The procedural schedule only provided for initial expert reports and rebuttal expert reports. Nonetheless, the parties…

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Soverain Software v. J.C. Penney: Denying Summary Judgment of Non-Infringement of E-Commerce Patent Based on Divided Infringement Theory

Plaintiff Soverain Software alleged infringement of patents relating to e-commerce transactions over the Internet involving the use of a shopping cart and online statements. The claims at issue required a system with a client-side buyer computer that was programmed to receive requests. Defendants contended that they were entitled to judgment…

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Apple v. Samsung: Apple Moves to Enforce Court Orders Regarding Admissibility of Sony Designs That Samsung Failed to Disclose Timely

As the Apple v. Samsung case approached trial, Apple filed a motion to enforce prior court orders regarding the exclusion of certain Sony Designs. The motion filed by Apple presented a key issue for the court: whether documents regarding the influence of the “Sony style” on Apple’s design and development…

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Multi-District Panel Denies Transfer Where Plaintiff Had History of Licensing and Prior Actions Had Settled Early in Litigation

The patent holder, Genetic Technologies Limited (“GT”) sought centralization in the District of Colorado or, alternatively, in the Northern District of California of six actions involving the alleged infringement of a patent concerning methods of genetic testing. The six actions were pending in the Northern District of California, the District…

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Abaxis v. Cephied: Technical Expert Allowed to Testify Even Though He Had No Personal Experience with Technology but Opinions on Commercial Success and Copying Excluded

Plaintiff Abaxis, Inc. (“Abaxis”) moved to exclude the testimony of Cepheid’s technical expert because the expert had no personal experience with the technology at issue and because the expert was offering opinions on commercial success and copying. The district court granted the motion in part and denied the motion in…

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