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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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Apple’s Expert in ITC Proceeding Precluded from Offering Certain Testimony Regarding Non-Infringement and Lack of Domestic Industry

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…

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Sanctions for Alleged Spoliation Against Samsung Denied in Ongoing Battle with Apple by Administrative Law Judge at the ITC

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…

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