Upcoming Webinar: COVID-19 and the Case for Force Majeure in California Join us as two California business trial lawyers present “COVID-19 and the Case for Force Majeure in California” The webinar will take place on Wednesday, May 27 at 10:00 AM – 11:00 AM Pacific Time. Register now. Businesses throughout California are…
District Court Determines No Personal Jurisdiction Exists Under Rules (4)(k)(1) and (4)(k)(2) of the Federal Rules of Civil Procedure Where Plaintiff Could Show Only a Single Infringing Unit Was Sold in the State and Defendant’s Website and Other Activities Were Not Directed at Residents of the State by Stan Gibson…
Force Majeure in California: Does the COVID-19 Pandemic Qualify? A Three Part Series By Stan Gibson Part 3 – Practical Guidance: Force Majeure and the COVID-19 Pandemic See Part 1 – What Constitutes a Force Majeure See Part 2 – Asserting Force Majeure See Part 3 – Practical Guidance…
After the jury concluded that LG Electronics had willfully infringed a patent held by Mondis Technology and awarded $45 million in damages, the district court let stand the willful infringement determination but vacated the damage award of $45 million. The district court concluded that the damage award was based on…
Force Majeure in California: Does the COVID-19 Pandemic Qualify? A Three Part Series By Stan Gibson Part 2 – Asserting Force Majeure See Part 1 – What Constitutes a Force Majeure See Part 2 – Asserting Force Majeure See Part 3 – Practical Guidance When to Assert Force Majeure…
In this patent infringement action, Plaintiff intended to use a damage expert to support a “lost profits” measure of damages and/or a “reasonable royalty” measure of damages. Defendant moved to exclude the lost profits analysis because the damage expert ignored the testimony of Plaintiff’s corporate designee that contradicted his ultimate…
Force Majeure in California: Does the COVID-19 Pandemic Qualify? A Three Part Series By Stan Gibson Part 1 – What Constitutes a Force Majeure See Part 1 – What Constitutes a Force Majeure See Part 2 – Asserting Force Majeure See Part 3 – Practical Guidance Introduction The ongoing COVID-19…
District Court Permits Ex Parte Communication with Former Employee and Co-Inventor of Plaintiff But Orders Defendants to Turn Over Certain Email Communications by Stan Gibson and Julia Consoli-Tiensvold In ICM Controls Corp. v. Honeywell International, Inc., Plaintiffs ICM Control Corp. (“Plaintiffs” or “ICM”) filed a letter motion objecting to ex…
Some delay of deadlines, continued trial dates and restricted court access Implications for Litigants For more information on how we can help you and your business, visit our COVID-19 Resource Center. This JMBM Client Alert summarizes the most relevant changes made by popular patent litigation venues, the Federal Circuit Court…
In this patent infringement action, Defendants moved to amend their invalidity contentions and justified the amendment based, in part, on the replacement of its technical expert. Defendants asserted that its “replacement technical expert (engaged in December 2019 following the passing of prior expert Thomas Gafford) completed an independent review of…