Close

Patent Lawyer Blog

Updated:

Expert Survives Challenge to Methodology Where Report Contained Opinions That Plaintiff’s Licenses Would Raise Prices by Excluding Competitors

Sandisk Corp. (“Sandisk”) filed a patent infringement action against Kingston Technology Co., Inc. (“Kingston”). Prior to trial, Sandisk moved to exclude defendant’s expert witness on damages because the expert’s methodology was unreliable and because the supplemental report contained untimely opinions. In terms of reliability, Sandisk asserted that the expert used…

Updated:

Recommendation to Deny Transfer Motion Where Private and Public Interest Factors Were Neutral and Therefore Defendants Did not Meet Burden to Show Proposed District Was More Convenient Than Eastern District of Texas

Round Rock Research (“Round Rock”) purchased approximately 4500 patents from Micron Technology. Round Rock then sued Dell and Oracle on certain of these patents for patent infringement in the United States District Court for the Eastern District of Texas. Within a few months of the filing of the lawsuit, Dell…

Updated:

Defendants Precluded From Introducing Evidence of Their Own Scientists Work to Apportion and Decrease Damages

In a patent infringement case pending before the United States District for the Western District of Wisconsin, the plaintiffs filed a motion in limine before the damages phase of the trial to preclude the defendants from arguing that the work performed by their scientists should be taken into account in…

Updated:

Defendants Proximity to Delaware Leads to Transfer Out of the Eastern District of Texas

Plaintiff filed a patent infringement lawsuit against a number of defendants in the Eastern District of Texas. Defendants moved to transfer the case to either the Central District of California or the District of Delaware. Plaintiff maintains its principal place of business in Connecticut and is incorporated in Delaware. The…

Updated:

Continuing Infringement Justifies Award of Supplemental Damages

ActiveVideo filed a patent infringement action against several Verizon entities asserting that Verizon infringed certain of ActiveVideo’s patents. After a three week jury trial, the jury found that Verizon infringed asserted claims of four of the patents and awarded ActiveVideo $115,000,000 in damages. After the verdict, ActiveVideo sought an award…

Updated:

Sanctions Awarded Against Teva Pharmaceuticals for Continuing to Press Inequitable Conduct Defense and Counterclaim After Therasense

Pfizer filed a patent infringement action against Teva Pharmaceuticals (“Teva”) over a patent that claims the use of certain chemical compounds claimed as a method to treat erectile dysfunction. During the case, Teva filed a motion to amend its answer and counterclaims to alleged a defense and counterclaim for inequitable…

Updated:

The Battle Over Android Continues: Google Succeeds in Striking Part of Oracle’s Expert Report

In August 2011, Google filed a motion to strike portions of the opening and reply expert reports of Oracle’s expert on patent infringement. Google argued that much of the report was not supported by Oracle’s infringement contentions as required by the Northern District of California’s local patent rules. The district…

Updated:

Failure to Offer Evidence of Acceptable Non-Infringing Alternatives in Summary Judgment Precludes Later Offer at Trial

Plaintiff filed a patent infringement action and subsequently filed a partial motion for summary judgment. In the partial motion for summary judgment, the plaintiff contended that there were no acceptable and available, non-infringing alternatives to the claimed inventions during the relevant damage period. The district court granted the motion. Prior…

Contact Us