Oracle continues to experience trouble with its damage expert report in the ongoing battle over the Android Operating System. In its third attempt to prepare an appropriate damage report, Oracle’s expert apparently consulted with a number of Java engineers employed by Sun (now Oracle). He consulted with the engineers in…
Patent Lawyer Blog
Defendant’s Motion for Leave to Amend Invalidity Contentions Denied Where Defendant Failed to Show Good Cause for Amendment Based on Court Declining to Construe Certain Claims
Defendant Farpointe Data (“Farpointe”) served invalidity contentions on HID Global that identified twenty-two prior art patents, as well as many devices and publications that Farpointe alleges constitute prior art. After the invalidity contentions were served, the parties exchanged claim construction positions and a claim construction hearing was held later in…
When Plaintiffs Exit Market and Are No Longer Direct Competitor of Defendants Stay Pending Reexamination Is Justified as Plaintiffs Can No Longer Show Prejudice: Wyeth v. Abbott Laboratories
In this patent action, Defendants filed a renewed motion to the stay the proceedings pending an inter partes reexamination of the patents-in-suit. The district court had previously denied a similar motion over a year earlier. In the renewed motion, the Defendants contended that circumstances had changed since the district court’s…
Court Grows Tired of Apple and Samsung’s Repeated Motions to Shorten Time: Apple v. Samsung
Samsung moved to shorten time for briefing and a hearing on a motion pertaining to an expert witness, while just a few days earlier Apple had filed a motion to shorten time on its motion relating to the production of foreign-language and other documents in advance of depositions. The court…
Owner of 9-1-1 Network’s Motion to Compel Supplemental Infringement Contentions Denied
Plant Equipment (“Plant”) filed a patent infringement action against Intrado over a patent that describes a system and method for routing incoming calls through the use of a central data manager over a wide network to multiple call centers having multiple remote terminals. Intrado provides technology for the 9-1-1 call…
The Battle Over Android, Oracle v. Google: Google Is Ordered to “Stand and Deliver” or Withdraw Its Patent Marking Defense
In a previous ruling in the ongoing lawsuit between Oracle and Google over Android, the district court denied Google’s motion for partial summary judgment on a defense of patent marking. In that ruling, the district court expressed concern that disputes over whether Oracle or Sun products practiced the asserted claims…
Inventor’s Toy Glider Infringement Action Crashes to the Ground When Plaintiff Fails to Refute Evidence on Summary Judgment
Plaintiff was the inventor of a toy glider and was issued a patent in 1992. Plaintiff formed a partnership called Wingers Co. After forming Wingers, Plaintiff then sent a letter to the defendant introducing the toy glider and ultimately an agreement was entered into between Allied (the defendant), Wingers Co.…
Judge Posner Grants Motorola’s Summary Judgment Motion of Non-Infringement for Android: Apple v. Motorola
In Apple’s patent infringement action against Motorola, Apple claimed that certain Motorola devices running the Android operating system infringe two of its network component patents. Motorola moved for summary judgment. According to the district court, “Claim 1 of the ‘486 patent describes ‘replaceable…component’s]’ in a layered computing system. (The ‘852…
Court Orders Depositions in Taiwan to Overcome Procedural Obstacles in Japan
Plaintiff Gerber Scientific International (“Gerber”) filed a patent infringement action against Roland DGA Corporation (“Roland”), asserting that Roland infringed Gerber’s patent covering a method and apparatus for computerized graphic production. Roland filed a motion for protective order with respect to the depositions of three of its Japanese employees and its…
Taser’s Contempt Motion Denied Where Colorable Differences Existed Between Infringing Product and Newly Accused Product
After the district court found that defendant’s electronic control device literally infringed certain claims of a patent owned by Taser and denied defendant’s summary judgment motion on defendant’s claims of invalidity and unenforceability, Taser filed a motion for contempt and an application for an order to show cause. In its…