Complainant, Samsung, filed a motion to strike certain paragraphs of Apple’s expert’s, Dr. James Davis, report regarding non-infringement and lack of a domestic industry. Samsung asserted that the Davis Report contained arguments that Apple failed to disclose in response to interrogatories and, as a result, Samsung was prejudiced because the…
In the running battle between Apple and Samsung that is playing out in courts and agencies around the world, Apple filed a motion seeking sanctions against Samsung for the alleged spoliation of evidence. Apple alleged that Samsung should be sanctioned for spoliation because Samsung deliberately failed to take institutional steps…
The district court began its opinion with a simple direction to the parties: “Stop the shenanigans at depositions. Period.” The district court went on to explain that “[t]his Court has no patience for behavior like that exhibited at the deposition . . . It is unnecessary and unacceptable.” Showing that…
In this patent infringement action, plaintiff Hoyt Fleming (“Fleming”) moved to strike certain paragraphs of the report of Escort’s expert on its defense of non-infringement. One of Escort’s defenses to the charge of infringement was that Escort’s devices lock out false signals by using a process different from that described…
In this dispute over the inventorship of a patent that is integral to BlackBerry products, the district court held a bench trial on the applicability of laches. The issue at the bench trial turned on whether RIM suffered economic prejudice as a result of plaintiff’s delay in bringing the lawsuit.…
Complainant OSRAM AG (“OSRAM”) moved for a summary determination that it had satisfied the economic prong of the domestic industry requirement. Respondent LG Electronics, Inc. and other LG entities (collectively, LG) opposed the motion. OSRAM moved for summary determination on the ground that it has devoted substantial resources in the…
Defendant TIBCO Software Inc. (“TIBCO”) moved to dismiss plaintiff’s claims for inducing infringement and willful infringement. Plaintiff’s complaint alleged that “TIBCO is ‘inducing its customers to directly infringe the ‘864 Patent by providing its customers and others with detailed explanations, instructions, and information as to arrangements, applications, and use of…
Plaintiff retained an expert to opine on damages arising from the defendants’ alleged infringement of the asserted patents. The defendants moved to exclude the expert report on two grounds: (1) the expert failed to properly apportion the value of the patented features; and (2) the expert misapplied the market value…
In this dispute over inventorship of a patent, Affymetrix (“Affymetrix”) and Gregory Kirk (“Mr. Kirk”) sought to correct U.S. Patent Nos. 7,510,481 and 7,612,020 to add Mr. Kirk as one of the inventors on the patents. The patents are directed to a method and an apparatus for conducting genetic testing…
In this matter pending before the International Trade Commission (“ITC”), the ITC (Administrative Law Judge James Gildea) rejected the respondent’s pre-hearing statement for failing to follow ITC Ground Rule 7.1. As noted by Judge Gildea, the parties filed their respective prehearing statements on May 3, 2012. “Ground Rule 7.1 requires…