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No “Extraordinary Circumstances”: PTAB Stands Firm on Evidence Rules Despite Credibility Challenges to Inventors
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When CIP Relationships Don’t Protect: PTAB Holds Ancestor Patent Qualifies as Invalidating § 102(e) Prior Art
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PTAB Rejects Time-Bar Challenge in Semiconductor Patent Case: Privity Arguments Fall Short
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Party’s Over: Settlement Kills Mountain Voyage’s Joinder Hopes
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Too Many Bites of the Apple: PTAB Rejects Tech Giant’s IPR Blitz
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PTAB Holds That the Patent Owner Failed to Provide Evidence of Diligence to Establish An Earlier Date of Invention
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PTAB Holds That University Thesis Qualified as Prior Art
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Federal Circuit Rules that in IPRs Published Patent Applications Can Be Used as Prior Art as of Their Filing Date Even if Published After the Challenged Patent’s Priority Date
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Key Takeaways from Largan v. Motorola: A Lesson in Discovery Disputes and the Apex Doctrine
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Amazon Product Listing Gets Flushed As Qualifying Prior Art
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Federal Circuit Upholds PTAB’s Motivation to Combine Analysis in DNA Testing Patent
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Petitioner’s Proposed Claim Construction that was “Diametrically Opposed” with Its Construction in the District Court Leads to IPR Denial
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Breaking Down the Ghost Robotics Privilege Dispute: When Legal Memos Aren’t Privileged
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The Particularity Requirement in Patent Challenges: A Deep Dive into IKEA v. Everlight
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Prior District Court Invalidity Challenge Dooms Waydoo’s Motion to Join IPR Against MHL Custom Patent
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PTAB Denies Juniper Networks’ Second IPR Petition Against Orckit Patent
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PTAB Ruling Highlights Strategic Use of Patent Disclaimers in Post-Grant Reviews
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Court Refines Standards for Expert Disqualification in Patent Cases: Analysis of Vineyard Investigations v. E. & J. Gallo Winery
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Protective Order Violations in High-Stakes Patent Litigation Results in Sanctions and Prosecution Bar
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District Court Denies Motion to Compel Production of Inventor Emails in Patent Infringement Case
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Updated:
Key Evidentiary Rulings in Acceleration Bay v. Activision
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District Court Sanctions Plaintiff for Failing to Meet and Confer on Defendants’ Motion to Dismiss Counterclaims
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Updated:
Inmar Brand Solutions, Inc. v. Quotient Technology Inc.: District Court Denies Quotient’s Motion to Dismiss Under Step One of Alice
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District Court Grants Motion to Compel Documents That Were Clawed Back Finding that Defendant Waived Work Product Protection by Voluntarily Producing the Documents
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Updated:
GoTV Streaming, LLC v. Netflix, Inc.: District Court Denies Netflix’s Motion to Compel Plaintiff’s Third-Party Funding Documents
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Updated:
Discovering the Precise Financial Stake of LLC Plaintiff’s Members and Litigation Funder: Court Rules in Favor of Defendants’ Motion to Compel Disclosure
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District Court Denies Motion to Exclude Expert Where Conjoint Consumer Research Survey Was Appropriately Tied to Asserted Patents
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Masimo v. Apple: District Court Excludes Lost Profits Damage Theory for Failure to Disclose
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District Court Excludes Technical Expert’s Infringement Opinion Based on Sales and Offers to Sell Method Claims as Contrary to Law
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District Court Permits Damage Expert to Testify Regarding Comparable Licenses That Contained “Built-In Apportionment” of Royalties
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Court Concludes That Pre-Suit Notice for Willfulness Can Occur Even if Notice Was Provided by Third-Party and Not Patent Owner
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Updated:
Upcoming Webinar: Taking or Defending In-House Counsel Depositions
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District Court Determines That A “Decent Patent Lawyer” Would Have Responded To Requests For Admissions To Preserve Objections Even If Client Was Not Available When Responses Were Due
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District Court Denies Plaintiff’s Request to Voluntarily Dismiss Action
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Vadis v. Amazon: Reasonable Royalty Opinion Excluded Where Entire Market Value Implicated
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Application to File Settlement Agreement under Seal Denied Where Defendant Did Not Show Competitive Harm from Disclosure
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Concealing of “Vital Evidence” until Weeks before Trial Justifies Death Penalty Sanctions
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Plaintiff Did Not Have Standing to Pursue Patent Infringement Action Where Inventor Assignment Was Not Automatic
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Masimo v. Apple: Remote Depositions Ordered if Deponent Has Not Attended Any In Person Work Meetings and Will Be Required to Continue to Work Remotely
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Executives’ False Statements Under Oath Regarding Cocaine Use Do Not Justify Terminating Sanctions
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District Court Determines Litigation Funding Agreement That Provided Funds to Purchase Patents-in-Suit Discoverable as Relevant to Damages
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No Right to Jury Trial or Evidentiary Hearing for Calculation of Disgorgement of Profits in Design Patent Case
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Intent to Defraud Patent and Trademark Office Deprives Documents of Attorney-Client Privilege Protection
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District Court Determines Pre-Litigation Analysis Sent from Current Litigation Counsel—But Before Retention—Is Not Privileged
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Update on Stan’s 4x4x48 Challenge and Support for the Special Forces Warrior Foundation
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District Court Excludes Damage Expert for Allocating Damages Equally Among Multiple Patents
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How to Safeguard AI Technology: Patents versus Trade Secrets
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District Court Determines Attorney’s Eyes Only Designation Proper for Relevant Documents Even If They Do Not Constitute Trade Secrets
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Upcoming Webinar: How to Defend Your Company Against False Advertising
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Updated:
Motion to Strike Expert on Invalidity Denied Where Development Documents Were Disclosed Sufficiently in Final Invalidity Contentions
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Updated:
Support Our Special Forces: Donate to Stan’s 4x4x48 Challenge!
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Updated:
District Court Determines Settlement Agreements in Patent Litigations Are Not Protected by the Common Interest Privilege and Should be Produced
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District Court Denies Motion for Summary Judgment for Failure to Meet and Confer Prior to Filing Motion
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District Court Grants Motion for Summary Judgment for Lack of Marking Where Plaintiff Marked Packaging with Patent Numbers But Not the Product Itself
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When AI Invents: Is the Invention Patentable?
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District Court Extends Fact Discovery Deadline to Permit Additional Inspection of Source Code prior to Submission of Expert Reports
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Updated:
Not Patent Misuse to License U.S. Patents in Foreign Jurisdictions for “Administrative Convenience”
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Updated:
District Court Excludes Damage Expert’s Reliance on Incremental-Value Analysis
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Updated:
Plaintiff’s Violation of Protective Order Results in $40,000 in Sanctions for Disclosing Confidential Information from U.S. Litigation in a Lawsuit in China
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District Court Awards Attorney’s Fees After Plaintiff Filed Infringement Action Based on Patent Claims That Arose From Patent Family That Previously Had Claims Invalidated
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Citrix v. Workspot: District Court Strikes Equitable Defenses Based on Knowingly False Statements
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Updated:
Expert Testimony Stricken Where Expert Did Not Show Non-Infringing Alternatives Were Available in the United States
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District Court Determines No Common Interest Privilege for Communications with Litigation Funder
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Webinar on October 20, 2020: When Artificial Intelligence is the inventor, who owns the patent?
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Updated:
VirnetX v. Apple: Delay of Five Months Justifies Denial of Motion to Amend Judgment of More Than $400 Million
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Privilege Waived Where Attorney Allowed Questioning Over Privileged Document During Remote Deposition
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Updated:
District Court Excludes Damage Opinion That Used Cost Savings Approach and That Resulted in Ignoring The Smallest Salable Component
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Updated:
Alleged Bias Not a Sufficient Basis to Exclude Expert on Invalidity and Infringement
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Updated:
Deepfakes: Dangers and Developments in California
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Updated:
Granting Security Interest in Patents Did Not Deprive Patent Owner of Standing to Sue for Patent Infringement
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District Court Denies Production of Documents Pertaining to Litigation Funding
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District Court Adopts Recommendation of Special Master Awarding Reasonable Attorney’s Fees Based on Flat Fee Agreement
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Updated:
District Court Excludes Royalty Damage Expert for “Conservative” Estimate That Relied upon 50% Apportionment Figure
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Updated:
COVID-19 Justifies Stay of Litigation Pending Inter Partes Review Where Review Had Not Yet Been Initiated by Patent Trial and Appeal Board
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Updated:
Blurring the Lines: When AI Creates Art Is It Copyrightable?
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Updated:
Webinar on May 27, 2020: COVID-19 and the Case for Force Majeure in California
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Updated:
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
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Force Majeure in California: Does the COVID-19 Pandemic Qualify? Part 3 – Practical Guidance
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Updated:
District Court Vacates $45 Million Damage Award But Holds That Plaintiff Did Not Waive Right to Damages Award Due to Invalid Damages Theory Put Forward at Trial
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Updated:
Force Majeure in California: Does the COVID-19 Pandemic Qualify? Part 2 – Asserting Force Majeure
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Updated:
Defendant’s Motion to Exclude Plaintiff’s Lost Profits Damage Expert Denied Even Though Plaintiff’s Expert’s Opinion Was Contradicted by Testimony from Plaintiff’s Corporate Designee
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Updated:
Force Majeure in California: Does the COVID-19 Pandemic Qualify? Part 1 – What Constitutes Force Majeure
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Updated:
District Court Permits Ex Parte Communication with Former Employee and Co-Inventor of Plaintiff But Orders Defendants to Turn Over Certain Email Communications
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Updated:
COVID-19 Update: Patent lawsuits and PTAB filings continue and cases are proceeding
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Updated:
Replacement Technical Expert Does Not Justify Amendment of Invalidity Contentions
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District Courts Adjust to Cases with No Physical Appearances
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Court Declines to Extend Fed.R.Evid. Rule 502(d) to Proprietary and Confidential Communications
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Special Master Recommends Fee Award Based on Flat Fee Agreement But Cuts Amount of Reasonable Attorney’s Fees Based on Lack Documentation
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District Court Grants Attorney’s Fees Where Plaintiff Pursued Plainly Invalid Patents
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District Court Disqualifies Defense Counsel Where Law Firm Previously Did Work for Wholly Owned Subsidiary of Plaintiff Before Subsidiary was Acquired
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District Court Grants Motion for Attorney’s Fees Where Plaintiff Conducted No Investigation Prior to Filing Patent Infringement Suit
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District Court Grants Motion for Summary Judgment on Willfulness Where Defendant Had No Knowledge of the Patent Prior to the Filing of the Lawsuit
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Court Finds Attorneys in Contempt of Court for Violating Protective Order Where Attorneys Shared Confidential Materials Under Joint Defense Agreement
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Maxell v. Apple: Court Denies Motion To Dismiss Claim for Induced Infringement
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District Court Finds Patents Invalid for Inequitable Conduct Because Inventor Withheld Material Information Of Prior Sales From USPTO And Litigation Misconduct Justified Inference of Non-Disclosure with An Intent to Deceive
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Motiva v. HTC: Allegations of Willful Blindness Sufficient to Defeat Motion to Dismiss a Claim for Willful Infringement
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Updated:
District Court Excludes Expert’s Opinion on What He Believed a PTO Examiner Would Have Done Had the Plaintiff Disclosed Additional Information to the PTO as Speculative
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Patent Licensee Has Standing to Pursue Patent Infringement Claim Against Patent Licensor/Owner Where Patent Agreement Granted Exclusive License And Did Not Carve Out Patent Owner’s Products
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Updated:
Acceleration v. Activision: District Court Excludes Damage Expert For Claiming That Non-Accused Products Were Non-Infringing Alternatives
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Updated:
JMBM Patent Litigation Attorney Stan Gibson’s Medtronic Verdict Ranked in National Law Journal Hall of Fame
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Repeated Coaching at Deposition Leads to Monetary and Issue Sanctions
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Updated:
Rocksmith Loses its Rock as Interactive Video Game Patent Found Invalid
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Experts Discuss Resolving Patent Disputes
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Instructing Employees Not to Read Third Party Patents Insufficient to Establish Willful Blindness
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Updated:
Ethicon v. Covidien: District Court Grants Motion for Summary Judgment on Absence of Acceptable Non-Infringing Alternatives Where It Would Have Taken Ten Months to Implement the Non-Infringing Alternatives
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Updated:
Bushnell v. Cisco: District Court Dismisses Willfulness Allegations Solely Based on Knowledge of Patents by Acquired Entity
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District Court Grants Supplemental Motion for Award of Attorneys’ Fees after Federal Circuit Affirms Dismissal on Appeal
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Bell Northern Research v. ZTE: Court Grants Protective Order to Prevent Plaintiff from Using a Former Consultant of Defendant as an Expert Witness
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District Court Denied Motion to Dismiss for Lack of Personal Jurisdiction Where Defendant Failed to Submit Any Evidence and Merely Relied upon Allegations of Complaint
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Magistrate Judge Recommends Denial of Motion to Amend Final Infringement Contentions Where Plaintiff Should Have Sought Additional Information in Discovery
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District Court Dismisses Complaint with Prejudice for Plaintiff’s Failure to Participate in Discovery and for Failure to Comply with Court Orders
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Updated:
Motion to Disqualify Based on Representation of “Sister” Companies Denied Where There Was No Showing of Actual Conflict or Possession of Confidential Information
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District Court Denies Motion to Stay Pending Resolution of Dispositive Motion
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TC Technology v. Sprint: District Court Grants Motion to Amend Complaint to Add Willfulness Claim Finding Good Cause Based on Deposition Testimony
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Updated:
District Order Issues Sanctions Deeming Defendant’s Summary Of Infringing Sales Established As True Where Defendant Failed to Comply With Multiple Court Orders
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District Court Excludes Opinion Of Damage Expert On Licenses That Were Not Economically Comparable
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Qualcomm v. Apple: District Court Excludes Apple’s Experts’ Testimony Where Relied Upon Licenses Were Not Technologically Comparable
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Updated:
Motion to Disqualify Based on Joint Defense Agreement Denied Where Agreement Did Not Create Implied Attorney-Client Relationship
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Updated:
Virtual Patent Marking: Does It Work? One District Court Says It Might
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Updated:
District Court Quashes Deposition Notices Where Notices Did Not Take into Account Travel Time between States
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Updated:
JMBM Ranked as Metropolitan Tier 1 “Best Law Firm” in 2019 by U.S. News & World Report for Patent Litigation
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Karl Storz v. Sryker: District Court Strikes Infringement Expert Who Provided No Analysis of Infringement
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District Court Grants Preliminary Injunction Requiring Defendant to Stop Inter Partes Review at Patent Office Because of Forum Selection Clause
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Updated:
Ericsson v. TCL: District Court Tosses Out Damage Theory Based on Improper Use of Survey
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Updated:
Administrative Law Judge at ITC Denies Motion to Compel Non-Parties to Produce Compilations of Prior Art on Grounds that such Compilations Constitute Work Product
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Updated:
Special Master Recommends Deposition of Litigation Counsel Who Also Helped Prosecute Patents-in-Suit
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Updated:
Fiduciary Obligation as Shareholder May Bar Challenge to Validity of Patent
:
Updated:
Serving Responses to Contention Interrogatories Just before Discovery Cut-Off Justifies Sanctions
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Updated:
Document Security Systems v. Lite-On: Willful Infringement Cannot Be Based on Mere Knowledge of the Patent
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Updated:
District Court Denies Request to File Certificate of Interested Parties Under Seal Where Plaintiff Wanted to Protect Identity of Litigation Funder
:
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Defendant Precluded from Using Expert’s Deposition After Terminating Relationship with Expert
:
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Stan Gibson to Speak at PLI’s Electronic Discovery Institute 2017: What Corporate and Outside Counsel Need to Know
:
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The Impact of TC Heartland: Motion to Challenge Venue Waived Where Defendant Failed to Bring Motion with Other Rule 12(b) Motion
:
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District Court Orders Search of Inventors Emails and Finds That Discovery Is Proportional to Needs of Case Because Search Terms Would Be Used
:
Updated:
Unwired v. Apple: District Court Sanctions Unwired for Failing to Produce Supplemental Information after Remand
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Updated:
District Court Granted Voluntary Motion to Dismiss Against Named Defendant But Disallowed Reservation of Rights as to Unnamed Third Parties
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Updated:
District Court Denies Motion for Exceptional Case and for Attorney’s Fees after Trial
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Updated:
District Court Denies Ex Parte Motion to Compel Third Party to Produce Documents Where Plaintiff Waited too Long to File Motion
:
Updated:
District Court Precludes New Substitute Witness for Failure to Timely Disclose
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Updated:
District Court Denies Request to Change Expert Date Based on Change in Defense Counsel
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Updated:
District Court Stays Case Pending Inter Partes Review After Non-Petitioning Defendant Agrees to be Bound by Estoppel Provisions
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Updated:
District Court Excludes Damage Expert for Failure to Apportion But Gives Expert One More Opportunity to Supplement Report
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Updated:
District Court Denies Motion to Compel Inadvertently Produced Privileged Documents
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Updated:
District Court in the Eastern District of Texas Orders Retention and Production of Participants in Jury Research
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Updated:
District Court Orders Production of Attorney-Client Communications Between Opinion Counsel and Trial Counsel Based on Advice of Counsel Defense
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Updated:
District Court Denies Motion to Withdraw Deemed Admissions
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Updated:
District Court Denies Motion to Stay Pending Ex Parte Reexamination Where Defendant Did Not Pursue Inter Partes Review
:
Updated:
Personal Web v. IBM: IBM’s Motion to Compel Documents from Privilege Log Denied Where Motion Was Filed After Discovery Cut-Off
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Updated:
Plaintiff Cannot Take Back Venue Admission in Patent Infringement Action
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Updated:
District Court Rules That Claim Construction Requested For First Time During Trial Is Waived
:
Updated:
Court Grants Motion to Dismiss for Lack of Case or Controversy Even Though Patent Holder Did Not Provide Covenant Not to Sue
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Updated:
District Court Strikes Infringement Contentions Pursuant to Doctrine of Equivalents Because They Contained Blanket Assertions That Did Not Comply with the Local Patent Rules
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Updated:
District Court Orders Plaintiff to Supplement Damage Information Provided in Federal Rule 26 Initial Disclosures Where Plaintiff Failed to Compute an Actual Damage Number
:
Updated:
District Court Denies Motion for Preliminary Injunction Where the Plaintiff Did Not Show Specific Facts of Lost Sales or Injury to Goodwill
:
Updated:
District Court Orders Modification of Protective Order to Allow Plaintiff to Use Defendant’s Confidential Information in Opposing Inter Partes Review (“IPR”)
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Updated:
District Court Orders Production of Past Testing from Prior Litigations Despite Confidentiality of Third Parties
:
Updated:
District Court Grants Motion to Compel Responses to Interrogatories Even Though Interrogatories Contained Discrete Subpart Where There was only One Accused Product
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Updated:
District Court Orders Additional Deposition of Defendant after Witness Changed Numerous Deposition Answers in Errata
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Updated:
District Court Warns Plaintiff That If It Narrows Its Case Too Close to Trial, It Will Have Its Trial Time Reduced
:
Updated:
District Court Orders Additional Claim Construction Briefing After Plaintiff Appeared to Argue a Different Position in Other Litigation
:
Updated:
Core Wireless v. LG: District Court Orders Enhanced Damages Based on Defendant’s Licensing Discussions
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Updated:
District Court Stays Patent Litigation Pending State Court Proceedings That Will Determine Licensing Issue
:
Updated:
District Court Precludes Defendant from Referring to Plaintiff’s Past Settlements as “Nuisance Value” But Allows Amount of Such Settlements
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Updated:
District Court Orders Plaintiff to Produce Factual Support for Infringement Contentions Regardless of Work Product Doctrine
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Updated:
Barry v. Medtronic: District Court Orders Strict Limits on Social Media Contacts with Potential Jurors
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Updated:
District Court Grants Motion to Strike Infringement Contentions for Doctrine of Equivalents and Indirect Infringement That Did Not Provide Detail of Infringement Theories
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Updated:
After Plaintiff Asserted Boilerplate Objections to Discovery, District Court Orders Plaintiff’s Objections Waived
:
Updated:
District Court Grants Plaintiff’s Motion for Preliminary Injunction to Preclude Defendant from Discussing Case with Plaintiff’s Former President Who Now Works for Defendant
:
Updated:
Joseph Mellema Joins Jeffer Mangels Butler & Mitchell LLP as Of Counsel in the Patent Litigation Group
:
Updated:
District Court Concludes that Plaintiff Is Collaterally Estopped from Asserting Two Related Patents After Court in Another Jurisdiction Found one of the Patents Invalid under Alice
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Updated:
District Court Denies Motion for Preliminary Injunction Where Inter Partes Review (“IPR”) Pending on Claims from Different Patent But Similar to Patent-In-Suit
:
Updated:
District Court Refuses to Amend Protective Order to Permit Expert, Who Was Former Employee of Competitor, to Review Confidential Documents
:
Updated:
CG Technology v. DraftKings District Court Stays Discovery Pending Motion to Dismiss Challenging Validity of Asserted Patents Under Alice
:
Updated:
Oracle v. Google: Violation of Protective Order to Disclose Confidential Information in Open Court
:
Updated:
District Court Holds that Document Retention and Destruction Policies Are Privileged under Court’s Default Discovery Standard
:
Updated:
District Court Declines to Vacate Ruling That Patent Is Invalid for Covering Unpatentable Abstract Ideas after the Parties Settled the Case with an Appeal to the Federal Circuit Pending
:
Updated:
Plaintiff Granted Dismissal Based on Covenant Not to Sue Even With Motion to Dismiss for Lack of Patentable Subject Matter Pending
:
Updated:
District Court Excludes Damage Expert’s Opinion Based On Faulty Royalty Calculation
:
Updated:
District Court Denies Request to Preclude Defendant from Sharing Confidential Information of Plaintiff with PTAB as part of Inter Partes Review
:
Updated:
District Court Stays Litigation Pending Inter Partes Review (“IPR”) over Defendant’s Objection That Summary Judgment Motion Should be Determined First
:
Updated:
District Court Precludes Damage Expert from Using a Settlement Agreement to Derive a Reasonable Royalty Calculation Where Expert Employed a Likelihood of Liability Estimate Based Solely on a Study That Patent Holders Prevail Approximately 40 Percent
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Updated:
District Court Orders Production of Source Code in Searchable Format
:
Updated:
Grecia v. McDonald’s: District Court Grants Motion to Dismiss Where McDonald’s Could Not “Use” System for Patent Infringement Claim Because Credit Card Companies Controlled the Entire System
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Updated:
Sprint v. Comcast: District Court Denies Request for Attorney’s Fees Pending Appeal to the Federal Circuit
:
Updated:
Murata v. Daifuku: District Court Denies Preliminary Injunction Motion for a Second Time After Remand from Federal Circuit Based on Pending IPR and Previously Issued Stay
:
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EON v. Apple: District Court Permits Plaintiff to Present Technology Tutorial Through Expert Consultant Not Previously Designated
:
Updated:
Boston University v. Everlight: District Court Grants Immediate Appeal Over Whether Lump-Sum Royalty Award Can Be Converted to Ongoing Royalty Payments Post Verdict
:
Updated:
District Court Denies Apple’s Request to Add Acacia into Patent Infringement Lawsuit as Alter Ego of Plaintiff
:
Updated:
District Court Denies Request for Production of Documents Provided to Prospective Litigation Funding Organizations
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Updated:
District Court Excludes Evidence of Lost Profits Where Inventor Did Not Make Products That Practiced the Patent Even Though a Related Corporation Did
:
Updated:
District Court Grants Motion to Strike Errata Changing Deposition Answers from a “Yes” to a “No”
:
Updated:
District Court Precludes Defendant from Making Disparaging Remarks Directed at Patent and Trademark Office in Front of Jury But Permits Plaintiff to Make Remarks Consistent with Presumption of Validity
:
Updated:
Jury’s Finding of Willfulness Sufficient Under Halo to Support Judgment of Willful Infringement
:
Updated:
District Court Denies Motion to Lift Stay Even after Federal Circuit Affirms PTAB’s Decision Upholding Claims of Patent-in-Suit Because Petition for Certiorari Was Pending before Supreme Court
:
Updated:
After Defendant Seeks to Claw Back Attorney-Client Privileged Documents, District Court Determines Privileged Waived (Including Work Product) Because Witness Gave Testimony Regarding Privileged Documents at Deposition
:
Updated:
District Court Orders Production of Bills from Expert Witnesses But Permits Redaction of Narrative Statements in Bills
:
Updated:
Subsequent Employment Agreement Assigning Inventor’s Intellectual Property Rights Does not Defeat Standing for Inventions Created Prior to Employment Agreement
:
Updated:
Recent Decision in Halo Requires Reconsideration of Summary Judgment Motion on Willfulness
:
Updated:
District Court Permits Survey Evidence to Support Lost Profits Damage Theory
:
Updated:
District Court Denies Leave to Amend to Add Implied License Affirmative Defense Where Motion for Leave Was Filed Just Two Months Prior to Fact Discovery Cut-Off
:
Updated:
After Halo, District Court Concludes that Jury’s Finding of Willfulness Is Still Appropriate
:
Updated:
After Inventor Dies, Patent Infringement Lawsuit Is Dismissed for Lack of Standing on Court’s Own Motion
:
Updated:
District Court Denies Agreed Upon Consent Judgment and Permanent Injunction Where Parties Failed to Submit Consent and Injunction within 60 Days after Dismissal
:
Updated:
District Court Declines Parties Joint Motion to Sever New Defendant from Pending Action
:
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After a Jury Trial Determining that the Defendant Infringed Several Valid Patents, the District Court Certified the Partial Judgment for Appeal Prior to a Trial on Damages Because the PTAB Had Found One of the Patents Invalid
:
Updated:
Defendant’s “Piecemeal” Approach to Discovery and Review of Only Select Files of Corporate Employees Results in Sanctions
:
Updated:
District Court Denies Request to Stay Discovery Pending Motion to Dismiss Based on Patent-Ineligible Subject Matter
:
Updated:
District Court Denies Request for Order Compelling Production of Damage Expert Report from a Different Pending Case
:
Updated:
District Court May Preclude Evidence from Parent Company Where Parent Company Was Dismissed from Case and Then Refused to Provide Discovery
:
Updated:
As Part of Protective Order, District Court Orders Prosecution Bar and Covenant Not to Sue for New Patents Acquired by Patent Holder
:
Updated:
District Court Precludes Evidence of Patent Trial and Appeal Board’s Denial of Institution of Inter Partes Review at Trial
:
Updated:
District Court Strikes Infringement Contentions and Sanctioned Plaintiff for Taking Inconsistent Positions
:
Updated:
District Court Strikes Documents That Were Not Produced During Discovery Even Though Documents Were Publically Available
:
Updated:
Court Declines to Modify Judgment Based on Collateral Proceedings before the PTAB Finding Claims of Patent-In-Suit Invalid
:
Updated:
Failure to Institute Inter Partes Review Is Not Grounds for Common Law Estoppel to Prevent Defendant from Re-Litigating Issues Raised before the Patent Office
:
Updated:
District Court Grants Permanent Injunction after Summary Judgment Ruling in Favor of Patent Holder Where Defendant Was Direct Competitor and Patent Holder Had Lost Sales and Market Share
:
Updated:
District Court Refuses to Recognize “Apex” Doctrine for Documents Created by Inventor and Global Leader of Company
:
Updated:
Experts Ordered to Produce Draft Reports Exchanged with Other Experts
:
Updated:
District Court Denies Request to Have Invalidity Case Proceed Prior to Infringement Case
:
Updated:
District Court Declines to Grant Voluntary Dismissal of Action with Motion for Judgment on the Pleadings Pending Where Patent Was Found Invalid by Another Court
:
Updated:
District Court Grants Indicative Ruling to Vacate Judgment Based on Settlement of the Parties
:
Updated:
District Court Strikes Affirmative Defenses of Laches, Waiver, Estoppel and Acquiescence for Lack of Sufficient Detail
:
Updated:
Covenant Not to Sue Insufficient to Warrant Dismissal of Counterclaims Where Covenant Contained Reservation of Rights
:
Updated:
District Court Orders Production of Settlement Agreements But Denies Request for Deposition That Would Go Beyond Four Corners of the Agreements
:
Updated:
District Court Asks Google and Oracle to Consent to Ban on Internet Research of Jury Panel
:
Updated:
District Court Declines to “Reverse” Bifurcate Trial to Try Damages before Patent Infringement and Calls Motion “Baseless”
:
Updated:
After Settlement, District Court Declines to Vacate Sanctions Order Requested by Joint Motion from All Parties
:
Updated:
District Court Denies Motion to Present Live Video Testimony at Trial
:
Updated:
Samsung v. Nvidia: District Court Bifurcates Trial in Two Phases with the First Phase to Determine Infringement and Damages and the Second Phase to Determine Validity of the Patents
:
Updated:
District Court Precludes Plaintiff from Presenting Damage Theories That Were Not Disclosed in Rule 26(a) Disclosures
:
Updated:
District Court Requires Plaintiffs to State Whether “Plain Meaning” Encompasses Defendants’ Proposed Claim Constructions
:
Updated:
Partial Summary Judgment Granted on Failure to Mark Where Defendant Stipulated That Plaintiff Practiced the Patent-In-Suit
:
Updated:
Oracle v. Google: District Court Rejects Jury Questionnaire and Orders Parties to Show Cause Why the Court Should Not Ban Internet Research of Prospective Jurors
:
Updated:
District Court Declines to Exclude Damage Expert Even Though Expert Relied Upon Information Not Disclosed During Discovery
:
Updated:
District Court Grants Motion for Summary Judgment on Laches Defense Where Defendant Could Not Establish Prejudice from Plaintiff’s Delay in Filing Suit
:
Updated:
Cisco v. Sprint: Declaratory Judgment Action Dismissed Where Cisco Could Not Show Case or Controversy Based on Suits Against Customers and Aggressive Litigation and Licensing Tactics
:
Updated:
Webinar: Venue Transfer Strategies in Patent Litigation – How Will TC Heartland Change the Landscape?
:
Updated:
District Court Denies Plaintiffs’ Motion to Exclude Damage Expert Report Where Expert Relied Upon Comparable Licenses
:
Updated:
The Problem with Backup Tapes: District Court Orders Retention of Old Backup Tapes for Ongoing Litigation
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District Court Grants Motion to Strike Damage Expert Where Damage Expert Did Not Serve Report Prior to Court Deadline
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Applying New Proportionality Requirements, Court Grants Motion to Compel and Orders Production of Unredacted Tax Returns and Financial Statements
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Chestnut v. Apple: District Court Puts Plaintiff to the Test–Proceed on Limited Number of Claims or Continue Stay pending Inter Partes Review
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Webinar: Litigating Indemnity Provisions – The Nuts and Bolts of Indemnification
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District Court Grants Motion to Exclude Proceeding before PTAB during IPR But Allows Admissions and Arguments Made to PTAB to go before the Jury
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Defendants’ Motion Seeking to Depose Opposing Counsel Denied Where Defendants Could Not Show That Information Was Unavailable from Another Source
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District Court Denies Motion to Dismiss under Section 101 Even Though Two Other District Courts Had Founds Patents Ineligible
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Evidence of Copying Admissible in Patent Infringement Trial to Prove Nonobviousness
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District Court Rules Plaintiff Need Not Come Forward with Evidence of Priority Date Earlier than Patent Application Until Defendant Produces Clear and Convincing Evidence of Invalidating Prior Art and Summary Chart Is Not Sufficient
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District Court Declines to Stay Action Pending Inter Partes Review (“IPR”) Where Claim Construction Briefing Had Already Occurred
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District Court Strikes Expert Opinion Testimony on Patent Subject Matter Eligibility Under Section 101
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Expert Patent Valuation Opinion Based on Forward Citation Analysis Survives Daubert Challenge
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District Court Denies Request for Contempt Where Defendant Continued to Provide Repairs and Replacement Parts to Enjoined Devices
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District Court Declines to Delay Transfer of Case Pending Ruling on Claim Construction
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District Court Denies Motion for Leave to Have Forensic Expert Report Used as Affirmative Evidence
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District Court Denies Accounting and Ongoing Royalty Where Jury Instructions Told Jury to Award Damages That Would Put Patent Holder in Same Financial Position Had Infringement Not Occurred
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eDekka Gets Decked by Finding of Exceptional Case in the Eastern District of Texas
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District Court Declines to Modify Claim Construction Based on PTAB Denial of IPR
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District Court Denies Request for Finding of Exceptional Case Where Plaintiff Pursued and Lost Motion for Preliminary Injunction
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District Court Denies Discovery Served Too Close to Discovery Cut-Off
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District Court Grants Sanctions Reducing Number of 30(b)(6) Depositions, Awarding Costs to Plaintiff and with a Warning that Defendant’s Discovery Could Be Closed
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A Snapshot of University Patent Litigation
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District Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Could Not Establish That It Owned All Substantial Rights to Patent and Could Not Argue Alter Ego to Establish Ownership
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Motion to Dismiss for Lack of Subject Matter Jurisdiction Denied Where Complaint Alleged Sufficient Facts to Establish Injury-in-Fact
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Calling the “Hotline”: Witness Ordered to Answer “Who” and “When” Deposition Questions Regarding Litigation Hold Memorandum
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District Court Declines Request to Vacate Claim Construction Order after Parties Enter into Consent Judgment
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District Court Lifts Stay Pending Inter Partes Review (“IPR”) after the USPTO Declined to Institute Review on Two of the Three Patents-In-Suit
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District Court Grants Motion to Dismiss for Lack of Standing Where Co-Owners of Patent Were Not Joined in Original Complaint But Permits Potential Amendment to Add Co-Owners
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District Court Denies TRO and Preliminary Injunction Where Speculation on Future Harm Did Not Show Likely Irreparable Harm
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District Court Administratively Terminates Motion to Dismiss Because of Pending Inter Partes Reviews (“IPRs”)
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Aylus v. Apple: Apple Moves to Strike Supplemental Expert Report Served After Expert Deposition and at the End of the Expert Discovery Period
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District Court Strikes Portion of Damage Expert Report Where the Expert Relied Upon Surveys But Did Not Explain How They Related to Specific Facts of Case
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Limestone v. Apple: Apple Successfully Moves to Dismiss Willful Infringement Claims
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Plaintiff Seeks to Substitute Damage Expert after Expert Retires
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Amazon Seeks Motion in Limine Requiring Plaintiff to Remove Statements on Website Prior to Trial
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WARF v. Apple: Motion to Exclude Live Witness Granted Where Apple Had Previously Sought to Rely Solely on Deposition Testimony
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After Granting Motion for Summary Judgment on Issue of Non-Infringement, District Court Orders Parties to Proceed to Bench Trial on Inequitable Conduct Defense to Avoid the Potential of Parties Preparing for Trial a Second Time
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District Court Declines to Admit Denial of Petition for Inter Partes Review (“IPR”) into Evidence before Jury
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District Court Denies Defendants’ Motion to Stay Pending Inter Partes Review (“IPR”) Where Third Parties Filed IPRs and Defendants Would Not Be Subject to Estoppel Provisions
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District Court Denies Motion to Reconsider Summary Judgment Eliminating Pre-Suit Damages for Failure to Mark Imported Products
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Even though Defendant filed Disguised Daubert Motion that Court Called “Untimely” and “Lame,” the District Court Granted the Motion in Part to Exclude Expert from Opining on Legal Standards
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District Court Excludes 15 Prior Art References Not Disclosed in Invalidity Contentions
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Turf Wars: District Court Permits Expert to Use Replicas of Athletic Fields in Front of Jury
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Court Orders Law Firm and Client Joint and Severally Liable for Part of Attorney’s Fee Award After Determination That Case Was Exceptional
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Court Declines to Stay Discovery Pending Motion to Dismiss Under Section 101 Because Court Does Not Believe That There Is an Immediate and Clear Possibility that Motion to Dismiss Will be Granted
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Court Orders Sanctions for Failure to Produce Source Code on a Timely Basis
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It Is Cold Out There: District Court Denies Joint Stipulation to Stay Case Pending Inter Partes Review — Twice
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Court Orders Further Production of Financial Records from Company and Accountant, Finding “Inconceivable” That Company Was Only Able to Locate Two Years of Tax Returns
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District Court Stays Action Pending Appellate Review of Motion to Compel Privileged Documents
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Petitioner’s Reliance on the Service Date in the Proof of Service Dooms Petitions
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District Court Allows Discovery to Re-Open to Permit Plaintiff to Compel Defendant to Produce Update Sales Records prior to Trial
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District Court Awards Defendant Its IPR-Related Fees Under § 285
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District Court Denies Motion to Dismiss for Lack of Personal Jurisdiction Where Plaintiff Sent ANDA Notice Letter
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District Court Grants Summary Judgment of No Damages for Failure to Mark
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District Court Denies Motion to Exclude CEO from Providing Expert Testimony on Infringement
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Enovsys v. AT&T: Court Excludes Plaintiff’s Damage Expert for Failure to Apportion and Sua Sponte Bifurcates Trial into Liability and Damage Phases to be Tried to Different Juries
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Motion for Judgment on the Pleadings Based on Unpatentability Under Section 101 Denied Where Patents Were Not Directed to an Abstract Idea
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In-House Counsel Ordered to Sit for Additional Deposition After Emails Improperly Withheld on Basis of Privilege
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District Court Denies Stay Based on Inter Partes Review (“IPR”) Where Less than 25% of Claims at Issue were Subject to IPR
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Smartflash v. Apple: District Court Stays Case Sua Sponte Based on Pending Covered Business Method (“CBM”) Patent Review
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District Court Denies Motion to Stay Pending Inter Partes Review as “Toss Up”
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District Court Excludes Plaintiff’s Infringement Expert for Conflict of Interest
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District Court Stays Case Pending Petition for Writ Certiorari to the United States Supreme Court
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District Court Strikes “Shotgun Complaint” That Incorporated Allegations by Reference in Each Count
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Smartflash v. Apple: After $500M Verdict, District Court Grants New Trial on Damages Based on Improper Use of Entire Market Value Jury Instruction
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District Court Lifts Stay after PTAB Confirms Eight Claims Even Though Defendant Planned to Appeal to the Federal Circuit
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Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Merely Alleged That It Had All Substantial Rights to Patent
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After Transfer, Case Is Stayed Pending IPR Even Though Only Three of Twenty-Two Claims Were at Issue in the IPR
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District Court Denies Motion to Amend Complaint to Add New Patents Even Though Patents Had Not Issued at Time of Original Filing and New Products Had Become Available on the Market
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After Claim Construction, District Court Allows Opposing Experts to Testify to Different Definitions of “Using” At Trial and the Jury Can Decide Who Had the Better Interpretation
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District Court Orders Transfer of Case During Claim Construction Briefing: Did the Transfer Stay the Briefing Deadlines?
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Court Denies “Emergency” Motion to Lift Temporary Stay Noting That Plaintiff “Is Palpably Irritated,” But “That’s Not Going to Cut It”
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Emergency Motion to Stay Granted Where PTAB Issued Decision Invalidating All Asserted Claims
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District Court Stays Patent Infringement Action Pending Inter Partes Review Prior to Institution of Review by Patent Trial and Appeal Board
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Case Dismissed After Claims Upon Which Lawsuit Was Initiated Were Cancelled During Re-Examination
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Retailer Permitted to Sell Existing Inventory after Preliminary Injunction Issued against Manufacturer
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Claw Back of Privileged Documents Fails Where Defendants Had Used the Documents in Depositions, Expert Reports and in Briefs without Objection
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District Court Denies Section 101 Challenge to Patent Validity Where Claims Described a Specialized System
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Supreme Court’s Decision in Teva Does Not Require Federal Circuit to Review Immaterial or Improper Fact-Finding under a Clear Error Standard
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Cascades v. Samsung: Court Denies Motion to Compel Deposition of Trial Counsel but Grants Request to Produce Fee Agreement
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Farstone v. Apple: With “far too many disputes,” Court orders face-to-face meet and confer to resolve motion to compel
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No Vacation in Florida: Court Orders Notice of Vacation Designation Stricken
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PTAB Rejects Samsung’s Bid to Join Its Own Previously Initiated IPR Proceeding As An Unjustified “Second Bite At The Apple”
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District Court Orders Submission of Expert Reports on Damages to Determine Proper Usage of Entire Market Value Rule
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The PTAB Allows Discovery “Of Persons Who Provided Direction To, Or Had The Authority To Provide Direction To, Petitioner Or Its Counsel In Relation To This Proceeding”
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Motion for Judgment on the Pleadings Based on Section 101 Denied Where Defendant Failed to Include Challenge in Invalidity Contentions
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District Court Denies Motion to Compel and for Sanctions Where CFO Could Not Be Compelled to Testify on Broad Deposition Topics Including Royalties, Affirmative Defenses, Infringement Contentions and Invalidity Contentions
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BBQ Patent Must Face The Heat: Petition Is Not Barred When Filed Within 1 Year of the Filing of a Waiver of Service in the District Court
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Another One Bites the Dust: Action Dismissed for Lack of Standing Where Plaintiff Could Not Prove Ownership of the Patent-In-Suit
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Patent Owner Must Produce Documents That Are Inconsistent with Its Positions
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Fairchild v. Power Integrations: Because of Right to Appeal, District Court Precludes Reference to Pending Reexamination Proceedings Even Though PTO Had Rejected All Claims
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District Court Denies Motion to Stay Pending Inter Partes Review Where Trial Was Less Than a Year Away and Defendant’s Previous Attempts at Re-Examination Were Unsuccessful
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District Court Excludes Prior Art References in Expert Report That Were Not Included in Invalidity Contentions
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District Court Denies Motion to Exclude Expert Testimony on the Ground That the Expert Was Not a Person Having Ordinary Skill in the Art
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Aylus v. Apple: District Court Orders Production of Revenue Documents
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District Court Declines to Lift Stay Even After Patent Trial and Appeal Board Issued Written Decision on CBM Petitions
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District Court Dismisses Action after Patent Is Transferred to President of Company
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District Court Denies Motion for Leave to Amend Answer to Assert Affirmative Defense of Patent Misuse
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District Court Denies Motion for Leave to File Summary Judgment as Premature Prior to Claim Constructio
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District Court Lifts Stay After Covered Business Method Review Is Dismissed Because Federal Circuit Would Not Have Jurisdiction to Hear Appeal of Dismissal
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District Court Grants Motion to Dismiss for Lack of Standing on the Eve of Trial
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District Court Denies Unopposed Request to Seal Exhibits Where Only Justification for Sealing Was That Parties Designated the Documents Confidential under the Protective Order
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Expert Is Not Permitted to Testify to Alternate Hypothetical Negotiation Dates Where No Hypothetical Negotiation Was Conducted for those Alternate Dates
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Patent Misuse and Patent Exhaustion Asserted as Stand Alone Claims Dismissed for Failure to State a Claim
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District Court Denies Motion to Stay Pending Ex Parte Reexamination Where Defendant Was Competitor of Plaintiff and Chose Ex Parte Reexamination over Inter Partes Reexamination
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District Court Denies Motion to Stay Pending Ex parte Reexamination Where Defendant Was Competitor of Plaintiff and Chose Ex Parte Reexamination over Inter Partes Reexamination
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District Court Agrees to Stay Action Pending Inter Partes Review (“IPR”) But Only if Defendants Agreed to Be Bound by Estoppel Provisions Even if They Withdraw from the IPR
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District Court Declines to Stay Proceeding Pending Inter Partes Review Where Plaintiff and Defendant Were Direct Competitors
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Even after Jury Trial and Final Judgment in Favor of Patent Owner, Collateral Estoppel of Invalidity from a Subsequent, Other Proceeding Applies
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Three Strikes and You are Out: District Court Grants Summary Judgment on Lack of Standing, No Infringement and Invalidates the Patent
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District Court Denies Motion in Limine Seeking to Preclude Advice of Counsel Defense Even Though Plaintiff Was not Able to Obtain Information about the Defense During Discovery
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District Court Denies Motion to Lift Stay Pending Inter Partes Review Even Where Plaintiff Agreed to Not Pursue Claims That Were Subject to Review
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Rosebud v. Adobe: District Court Grants Summary Judgment of No Remedies Where Plaintiff Could Not Prove Actual Notice of Patent Application
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Court Denies Motion to Stay Pending New Inter Partes Review (“IPR”) Denied Where PTO Had Previously Declined to Institute an IPR on Asserted Claims and Trial Was Rapidly Approaching
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Court Continues Stay Pending Inter Partes Review Even Though PTO Declined to Institute Review on Patent
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District Court Grants Stay Before The PTO Institutes An IPR
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Intellectual Ventures v. Symantec: Court Bifurcates and Stays Symantec’s Patent Misuse Defense
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Open Text v. Box: District Court Holds That Box Can Present Damages in the Form of a Fully Paid-Up Lump Sum Payment Even Though Such an Award Might Preclude a Later Injunction
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Blue Spike v. Adobe: Court Grants Motion to Strike Infringement Contentions Where Contentions Failed to Crystalize Theory of the Case and Used an Open-Ended Priority Date
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PTAB Will Not Consider An Expert Report Prepared for Litigation And Created After the Filing of the Petition
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District Court Denies Motion to Exclude Defendants’ Experts from Claim Construction But Orders the Defendants to Supplement Their Disclosures or Face Exclusion
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District Court Holds Plaintiff and Plaintiff’s Attorneys Jointly and Severally Liable for Attorney’s Fees and Costs After Finding that Attorneys Knew of False Affidavits Filed with the Patent Office
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Court Orders Production of Work Product Documents under Crime-Fraud Exception to Attorney-Client Privilege Where Defendants Had Falsely Identified Source Code
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Patent Owner: Preponderance of Evidence Standard Can Never Be Met Without Expert Testimony
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Court Denies Motion for Extended Deposition Despite over 300 Objections During Deposition Where Defendant Failed to Raise Issue with Objections During the Deposition
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District Court Sanctions Defendants for Failing to Agree to Standard Protective Order
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PTAB Authorizes the Filing of a Motion for Sanctions Against Inventor
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Smartflash v. Apple: District Court Excludes Damage Theory Based on Survey Responses That Were Insufficient to Show That the Patented Feature Alone Motivated Survey Respondents to Purchase the Accused Devices
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District Court Declines to Hear Early Motion for Summary Judgment on Section 101 and Postpones Hearing until Claim Construction
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Plaintiff Loses Motion for Summary Judgment after District Court Concludes that Dispute over Person of Ordinary Skill in the Art Is Not Material
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Motion for Rule 11 Sanctions Denied After Plaintiff Granted Defendants Covenant Not to Sue Where Plaintiff Attempted to Make an Assessment of the Likelihood of Infringement
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Court Chastises Both Parties for Contentious and Unprofessional Behavior and Warns That Further “Offending Conduct” Will Lead to a Ban from Further Participation in Discovery
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Request to Join Summary Judgment Motion Based on Alice Four Weeks Before Trial Denied as Untimely
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Dismissal Based on Petitioner’s Prior DJ Action Cannot Be Waived
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With Motion for Summary Judgment Pending Against It, Plaintiff Requests District Court to Order Parties to Mediation and District Court Grants Summary Judgment Motion Instead
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Oral Assignment Ineffective to Convey Patent Rights and Subsequent Assignment too Late to Save Complaint from Dismissal with Prejudice for Lack of Standing
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Daubert Motion Denied Where Defendant Had “Salubrious Fodder” for Cross-Examination If Plaintiff’s Expert Used Wrong Source Code
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Plaintiffs’ Motion for Protective Order Denied But Cautions Defendant That Sanctions Will Be Awarded If Defendant Fails to Convince the Court That a Protective Order Should Not Be Entered
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PTAB Refuses to Vacate Holding that Patent Claims are Invalid Despite Petitioner’s “Abandonment” of the CBM
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Premature Motion to Stay Pending Inter Partes Review Denied Where Patent Trial and Appeal Board Had Not Yet Granted the Petition for Review
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Motion to Strike “Errata Sheets” to Deposition Testimony Granted Where Plaintiff’s Expert Witnesses Changed Answers from “No” to “Yes”
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PTAB: Patent Owner / Inventor Cannot Proceed Pro Se
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District Court Declines to Award Supplemental Damages for Pre-Verdict Damages Even Though Defendant Did Not Produce All of Its Financial Documents
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PTAB Gives Guidance Regarding What Constitutes A Printed Publication
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Daubert Challenge to Damage Expert Denied Where Contested Matters Were for Cross-Examination and Not Proper for Exclusion
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Motion to Reconsider Claim Construction Order on Indefiniteness after Nautilus Denied Where District Court Found Term Definite
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Motorola: Inventor’s Ex-Spouse’s Co-Owns the Patent-in-Suit
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Defendant Ordered to Provide Access to Licensee Websites
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Apple Motion to Stay Litigation Pending an IPR Is Denied by the District Court for the Northern District of California
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Production of Billing Statements from Law Firm Denied Even Though Deponent Could Not Recall Details of Why Information Was Not Disclosed to PTO
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District Court Precludes Deposition of In-House Counsel Who Acted as Part of Trial Team Even Though Counsel Had Relevant, Non-Privileged Conversations Regarding Indemnity
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PTAB: Claims for Method of Authenticating a Website are Patentable under Alice and Section 101
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District Court Denies Motion to File Amended Complaint to Add Direct Infringement Claim
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Reliance on the Same Prior Art Dooms Medtronic’s Attempt to Correct its Previously Rejected IPR Petition
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District Court Denies Daubert Motion Based on VirnetX as Exceeding the District Court’s Role as Gatekeeper
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Controlling, or Having the Ability to Control, the Preparation of a Petition Leads to a Finding that the Non-Party Is a Real Party-In-Interest and that the Petition is Time Barred
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District Court Grants Motion to Compel Internal Counsel Communications of Plaintiff That Did Not Pertain to Litigation
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The PTAB Authorizes the Patent Owner to File Its Motion for Leave to Take Discovery of General Electric on Possible Privity with a Customer-Defendant
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District Court Precludes Admission of Inter Partes Review Proceedings in Front of Jury But Permits Consideration as part of Willfulness Determination
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PTAB Requires the Patent Owner to Attend Oral Argument
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Fujitsu v. Tellabs: The District Court Orders Additional Sanctions for Fujitsu’s Continued “Contemptuous Conduct”
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The PTAB Warns Attorney That Speaking Objections May Warrant Exclusion of Expert’s Testimony
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E.D. Texas court grants stay of litigation pending an IPR based, in part, on patent owner’s failure to timely respond to the stay motion
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Fujitsu v. Tellabs: Fujitsu Appeal’s Decision on Motion to Compel and, After It Loses on Appeal, District Court Orders a Civil Penalty Which Doubles Each Day Documents Are Not Produced
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Inducing Infringement Claim Dismissed on Sua Sponte Order Where Alleged Infringer Did Not Perform All Method Steps and Did Not Exercise Direction and Control
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The PTAB finds that the petitioner did not show that a patent claiming internet-based transactions is not a technological invention and denied CBM review on that basis
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Motion to Strike Expert Testimony Denied Even Though Expert Had Never Used Product and Examined Only Selected Pieces of Source Code
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PTAB – Ford is not barred from challenging a patent on a hybrid vehicle based on the unproven assertion that it breached an agreement not to challenge the patent
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Court Denies Motion to Compel Deposition Testimony on Overly Broad 30(b)(6) Topics and on “Contention” Topics
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PTAB – Trulia and Zillow possible merger is not a sufficient basis for extending the 12 month period to complete the trial
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Laches Defense Denied Where Texas Instruments Failed to Produce Products that Demonstrated Notice During Discovery and Texas Instruments Failed to Make Showing of Economic Prejudice
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The PTAB rejects Microsoft’s attempt to institute an IPR proceeding almost 7 years after being served with a complaint involving the patent-at-issue
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District Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Did Not Provide Evidence That It Owned the Patent at the Time of Filing the Complaint
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Court stays litigation pending IPR challenge, but requires that Defendants agree to be estopped from asserting any invalidity contention that was “actually raised and finally adjudicated” in the IPR proceedings
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Court Denies Declaratory Judgment Defendant’s Request to Re-Align Parties as Realignment Would Frustrate the Purpose of the Declaratory Judgment Act
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Court Excludes PTAB Decision That Conflicts With Prior Final District Court Judgment
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Patent Infringement Complaint Dismissed for Lack of Standing Where Co-Inventor Had Not Assigned Rights to Plaintiff
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Failure to Make A Third Party Witness Available May Result In The Testimony Being Ignored
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Parent Company Ordered to Produce Documents in Response to Request to Subsidiary Where Parent and Subsidiary Shared Servers and Databases
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PTAB to Apple: No Third or Fourth Bite at the Apple
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Motion to Dismiss Granted Where Patent Claimed Unpatentable Subject Matter
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IPR Proceedings Filed Eight Months Apart Is Too Long to Permit Joinder
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Motion for Summary Judgment Based on Apple License as Defense Denied Where Apple Products Were Not Used to Satisfy Any Claim Element
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PTAB’s Guidelines for Foreign Language Depositions
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Court Rejects Exhibit Lists and Objections That Would “Require a Judge to Shovel Through Steaming Mounds of Objections” and Orders Objections Waived
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Withholding A Court’s Order From the USPTO in A Co-Pending Reexamination May Render A Patent Unenforceable in Litigation
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Sanctions Awarded for “Train Wreck of a Deposition” Where Witness Was Evasive and Counsel Made Inappropriate Objections
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Prior Denial of IPR Petitions Dooms Litigation Stay Based On “Second Round” of Petitions Under the Totality of the Circumstances Standard
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Apple v. Samsung: Samsung’s Invalidity Challenge to Apple’s Patents Denied Where Legal Theory Was Not Disclosed until after Trial
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In an IPR Proceeding With Several Listed Petitioners, The Petitioners Must Speak With A Single Voice
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Court Denies Summary Judgment Motion as Premature Prior to Markman Hearing
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UGG: Default Judgment and Treble Damages Entered Against Defendant Where Defendant Failed to Participate in Discovery
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District Court Grants Motion to Reconsider Summary Judgment Motion after Supreme Court’s Decision in Limelight v. Akamai
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Motion to Stay Pending Inter Partes Review Denied Where Plaintiff Had Prevailed in Previous Inter Partes Review
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Court Excludes Plaintiff’s Experts Where Experts Failed to Comply with Rule 26 Disclosures
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Motion to Stay Enforcement of Judgment Denied Where Defendant Was Found to be a Willful Infringer and Offered Inadequate Security
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Revenue-Driven Licensing Activities Fail to Satisfy Domestic Industry Requirement for ITC Action
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District Court Denies Preliminary Injunction Where Plaintiffs Could Not Show Irreparable Harm Because Defendant Is Large and Well Established Company
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Motion to Set Aside Default Where Defendant Waited Too Long to Obtain New Counsel
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Court Denies Monetary Sanctions Based on Overdesignation of Documents As Confidential-Outside Counsel Eyes Only But Orders Defendants to Re-Designate Documents and Pay Cost for Redesignating Documents in the Plaintiff’s Document Management System
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Court Stays Discovery Request for Pre-Litigation Filing Investigation as Premature until Case Concludes
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Supreme Court’s Decision on Indefiniteness Constitutes Basis to Reconsider Prior Claim Construction Order But Does Not Result in Change of the Claim Construction
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Motion to Stay Pending CBM Review Granted Where Non-Practicing Entity Did Not Seek Preliminary Injunction
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Image Processing Patent Held To Be An Abstract Idea Under Alice Corp.
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Adrea v. Barnes & Noble: Court Holds That Adrea Is Precluded From Seeking Certain Past Damages for Failure to Mark
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Permanent Injunction Granted After Jury Trial Where Plaintiff and Defendant Were Competitors and Plaintiff’s Products that Embodied Patent-in-Suit Constituted Core of Plaintiff’s Business
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Finding of Exceptional Case Denied Due to Unclean Hands
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Walker Digital v. Google: Stay Pending CBM Review Denied Where Discovery Was Complete and Stay Would Prejudice the Plaintiff
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Court Excludes Defense Damage Expert’s Royalty Base Where Expert Based Royalty Base Solely on “Inventive Aspects” of Patent and Not on All Claimed Elements
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Apple v. Samsung: Court Denies Samsung’s Request for Discovery Based on Apple’s Alleged Disclosure of Confidential Information
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After Entry of Judgment, District Court Orders Deposit of Amount of Judgment Plus 20% Interest for One Year in order to Obtain Stay of Execution Pending Appeal
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Court Denies Motion to Compel Plaintiff’s Expert Testimony Prior to Claim Construction
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Court Strikes Errata Sheets to Depositions Where “Clarifications” Materially Altered Testimony
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Motion for Leave to File Billing Statements Under Seal Denied Where Billing Descriptions Were Not Protected by the Attorney-Client Privilege
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Infringement Action Dismissed Due to Patent Co-Owner’s Refusal to Join
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Supreme Court’s Indefiniteness Ruling Has Immediate Impact at ITC
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Golden Bridge v. Apple: No Third Bite at the Apple as Damage Expert Excluded After Two Failed Reports and Where Trial Was Already Underway
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Motion to Compel Settlement Agreements Denied Where Document Requests Only Requested License Agreements
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Potential Inventor Declarations Excluded for Claim Construction Where Specific Inventors and Their Proposed Testimony Were Not Identified
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Supreme Court Sets Forth New Standard for Indefiniteness, Requiring Greater Precision in Claim Terms than the Standard Long Used by Federal Circuit
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Supreme Court Changes the Rules for Induced Infringement
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District Court in Delaware Denies Motions to Transfer Where Transfer Would Require Litigation in Multiple Districts
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FlatWorld v. Apple: Motion to Vacate Claim Construction Denied Even after Parties Reach Settlement
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Invalidity Expert Excluded Where Expert Failed to Conduct a Proper Written Description Analysis
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District Court Partially Denies Stay Motion Where CBM Review Did Not Encompass All Patents-in-Suit
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Motion to Withdraw as Counsel of Record Denied Because It Was Filed on the Eve of Trial
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Court Rules That Crime-Fraud Exception Trumps Attorney-Client Privilege Where Patent Holder Made Series of False Representations to the Patent and Trademark Office
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Court Declares Parties Are Over-Litigating the Case and Orders Parties to Reduce Disputed Jury Instructions or Face Reduced Trial Time Based on Reasonableness of Proposed Disputed Instructions
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After Parties Engaged in “Abusive Litigation Tactics,” Court Orders Clients to Consent to the Filing of Any Further Motions to Compel, Attend the Hearings on Such Motions and Pay the Any Ordered Sanctions
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Plaintiff Precluded from Using Deposition Testimony of Defense Expert Where Plaintiff Procured the Absence of the Expert
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Versata v. SAP: Stay of $390 Million Judgment Denied Even Though PTAB Found Patent Invalid
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Motion to Redact Transcripts in Patent Case Denied Where Information Was Disclosed in Open Court
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Carnegie Mellon v. Marvell: District Court Declines to Liquidate Ongoing Royalties into Final Judgment
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Andrulis v. Celgene: District Court Dismisses Undivided Direct Infringement Claim But Permits Joint Direct Infringement Claim to Proceed
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Motion to Dismiss Granted Where Patent Infringement Complaint Alleged Joint Infringement But Failed to Allege Direction and Control
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Declaratory Judgment Action Dismissed for Lack of Personal Jurisdiction Where Contacts in Jurisdiction Occurred Before, and Were Unrelated to, Patent-in-Suit
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Misstatements on Application for In Forma Pauperis Status Results in Dismissal of Patent Infringement Action with Prejudice
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Carnegie Mellon v. Marvell: District Court Enhances Damages to $1.5 Billion
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Stay Pending Resolution of Covered Business Method Review Denied Where Case Was Narrow and Trial Date Was Already Set
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Quantum World v. Dell: After Receiving Numerous Daubert Motions, District Court Lays Down Strict Time Limits for Trial and Rules That Daubert Motion Hearing Time Will Count Against Time Limits for Party That Brings and Loses a Daubert Challenge
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Potter Voice v. Microsoft: Microsoft’s Request to Exclude Expert Declaration for Claim Construction Denied Where Microsoft’s Arguments Went to Weight and Credibility, Not to Admissibility
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GPNE v. Apple: Court Precludes Retention of Experts Where Expert Had Consulted for Apple’s Competitors
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Inter Partes Review Terminated Where PTAB Found That Challenged Claims Were Indefinite
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Federal Circuit Rules that Conduct Before Patent-Issuance Can Provide ‘Case or Controversy’ for Declaratory Relief
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VirnetX v. Apple: Court Grants Enhanced Ongoing Royalty Based on Disparity Between Position at Trial and Position Post-Judgment on Non-Infringing Alternatives
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Expert Permitted to Rely on Consultant Who Conducted “Survey” Even Though Consultant Was Not a “Survey” Expert
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Sonic Industry v. iRobot: Court Sua Sponte Strikes iRobot’s Affirmative Defenses for Failure to Comply with Federal Rules of Civil Procedure
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Infringement Expert Excluded Where Expert Did Nothing More Than Parrot Claim Language in Infringement Analysis
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Emblaze v. Apple: Court Declines to Stay the Case Pending the United States Supreme Court’s Decision in Akamai v. Limelight Networks
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Federal Circuit Reaffirms De Novo Standard of Review for Claim Construction
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PersonalWeb v. Google: Duty to Preserve Emails Began When Patent Was Acquired
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Court Finds that Rule 26 Disclosure and Computation of Damages Insufficient Where Party Failed to Explain How It Calculated Damage Number
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Notice of Appeal Untimely Where Attorneys Claimed That Notice Through Electronic Filing System Did Not Start Time for Appeal
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Does the Filing on an IPR Negate the Intent Element for an Indirect Patent Infringement Action? One District Court Says No.
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District Court Refuses to Vacate Sanctions Ruling for Spoliation after Settlement
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Summary Judgment Motion Denied Where Expert’s Opinion Established a Triable Issue of Fact on Infringement
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Infinite Data v. Amazon: Lawsuit Against Customer Defendants Stayed if Customers Agree to be Bound by Findings of Invalidity in Lawsuit Against Manufacturer
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Apple v. Samsung Sanction Decision: the Bark Is Worse Than the Bite as Apple and Nokia Overreach in Their Request for Sanctions
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District Court Strikes Amended Infringement Contentions and Supplemental Expert Report That Were Served without Leave of Court
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Supreme Court Rules That Patent Owner Always Bears the Burden of Proof on Patent Infringement
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Extensive Prior Examination of Patent-In-Suit Justifies Denial of Stay Pending CBM Review before Patent Office
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Carnegie Mellon v. Marvell: District Court Denies Marvell’s Equitable Defenses Finding That Marvell Has Not Acted Equitably Toward Carnegie Mellon
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Doctrine of Equivalents Opinion Excluded Where Plaintiff Failed to Comply with Disclosures Required by Scheduling Order
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Potter Voice v. Apple: Claims for Willfulness Survive Motion to Dismiss Where Siri Inventors Allegedly Knew of Patent Prior to Employment with Apple
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Damage Expert’s Failure to Consider Non-Infringing Alternatives Justifies Summary Judgment of No Lost Profits
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Claims for Inducing Infringement and Contributory Infringement Dismissed for Failure to Allege Knowledge of Patent-in-Suit
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Taser Takes Down Expert in Patent Infringement Action Where Electrical Engineer Was Not Qualified to Offer Expert Opinions on Electrophysiology
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Communication That Was Business Communication Could Not Be Protected by Attorney-Client Privilege But Could be Protected by Spousal Privilege
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Motion to Stay Pending Inter Partes Review Denied Where Inter Partes Petition Did Not Challenge Two of the Asserted Independent Claims of the Patent-in-Suit
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Kimberly-Clark v. First Quality: District Court Excludes Expert Testimony on Obviousness for Failure to Include the Opinion on Obviousness in the Expert Report
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Royalty Awarded After Remittitur More Appropriately Based on Percentage Than Dollar Figure Per Unit Sold to Avoid Windfall to Plaintiff
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District Court Excludes Royalty Calculation of Defense Expert Where Expert Used an Incorrect Date for the Hypothetical Negotiation
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Rembrandt v. Facebook: District Court Excludes Damage Expert Where Expert Failed to Apportion Damages to Patented Features in Accused Product
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District Court Declines to Vacate Claim Construction Order After Settlement Agreement
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Apple v. Samsung: District Court Denies Samsung’s Emergency Renewed Motion for Stay Pending Reexamination of Apple’s Patent
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Long Delay in Moving to Transfer Results in Denial of Motion
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Summary Judgment Granted Where District Court Determined Patent Was Not Infringed Because Not All of Infringing Steps of Method Patent Were Performed in the United States
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District Court in Delaware Dismisses Patent Infringement Claim That is Plead Based on Joint Infringement But Did Not Plead Sufficient Facts to Establish Direction and/or Control
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Patent Claims for Abstract “Conditional Action” Held Ineligible Subject Matter
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District Court Excludes Patent Quality Inventor Study that Ranked Inventor of Patents-in-Suit as “Top Rated Inventor” But Denies Motion to Stay Pending Inter Partes Review Filed on Eve of Trial
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Apple v. Samsung: District Court Strikes Part of Samsung’s Expert’s Report on Damages
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District Court Orders Production of Litigation Funding Agreement
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Register Now for a Patent Litigation Webinar: How community property laws can affect your company
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Bickering Brothers Break Common Interest and Results in Waiver of Attorney-Client Privilege
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Patent Claims for Prenatal Diagnostic Method Invalidated as Ineligible Subject Matter
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Motion for Summary Judgment Based on Insufficient Written Description Denied Where There Were Disputed Issues of Material Fact
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NetAirus v. Apple: District Court Strikes Survey Expert Where Survey Expert’s Methodology Made No Effort to Shield Respondents from Study Goals and Included Both Owners and Prospective Purchasers as Respondents
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Covenant Not to Sue Does Not Prevent Finding of Exceptional Case and Award of Attorneys’ Fees Where Adverse Determinations Were Already Made
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Apple v. Samsung: Samsung’s Request for Stay of Discovery Orders Denied Where Magistrate Judge Made No Ruling on Privilege Issues and the Scope of the Compelled Information Was Not Overly Broad
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Plaintiff Moves to Continue Trial Date Based on Dispute with Counsel; District Court Denies the Motion and Warns That Failure to Obtain New Counsel Will Result in Dismissal
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Voluntary Work Held to be Work for Hire in World of Warcraft Suit
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Unwired Planet v. Google: Court Reverses Decision Limiting Google to Prior Art References
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District Court Sua Sponte Orders Claims for Indirect Infringement and Willfulness Dismissed for Failure to Plead Pre-Suit Knowledge of Patent
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Apple v. Samsung: Court Orders Investigation into Potential Protective Order Violation by Samsung
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Damage Expert Stricken without Leave to Amend after District Court Determines That Expert Over Reached by Using Entire Market Value Rule
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Activision TV: District Court Expresses Concern over Nebraska Attorney General’s Cease and Desist Order and Grants Preliminary Injunction Precluding Enforcement
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WiLAN v. Alcatel-Lucent: Parties Agree to Dismiss Dispute and Vacate Claim Construction Order But District Court Declines to Vacate the Claim Construction Order
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Activision TV Obtains Preliminary Injunction Against Nebraska Attorney General: Court Permits Law Firm to Represent Activision in Patent Infringement Action Where Nebraska Attorney General Had Ordered Law Firm to Stop Patent Enforcement Efforts in Nebras
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Kimberly-Clark v. First Quality: Request to Require Defendant to Present Deposition Testimony in Plaintiff’s Case Denied Because It Would Interfere with Defendant’s Trial Presentation
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Robocast v. Apple and Microsoft: Preliminary Surveys Ordered Produced Even Where Expert Did Not Rely Upon Surveys and Had Deleted Them Before Creating His Expert Report
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On Sale Bar Doctrine Rendered Patent Invalid Where Presentation and Manufacturer’s Quote Constituted Offers for Sale
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Daubert Motion to Strike Expert Testimony Denied Where Lump Sum Royalty Was Not Improperly Based on Total Market Value of Accused Products
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Defendant’s Motion for Leave to Amend Invalidity Contentions Denied Where Defendant Disclosed Prior Art to Plaintiff But Waited Four Months to File Motion for Leave to Amend
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Softview v. Apple: District Court Grants Stay Pending Inter Partes Review Even Though It Had Denied Previous Request for Stay Pending Reexamination
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Motion to Amend Infringement Contentions Denied Where Plaintiff Waited Too Long After Claim Construction Ruling
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Carnegie Mellon v. Marvell: District Court Upholds $1.1 Billion Jury Verdict Against Marvell
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“Order on Confusion”: District Court Orders Parties to Submit Jury Instructions “in Plain Language” or Waive Right to Jury Trial
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I/P Engine v. Google: Motion for Ongoing Royalty Granted Even Though Plaintiff Could Not Prove Entitlement to Permanent Injunctive Relief
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Tomita v. Nintendo: Remittitur or New Trial Ordered on $30M Damage Verdict Where Jury Likely Weighed Profitability of Games Rather Than the Profitability of the Accused Device
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Stay Pending Inter Partes Review Granted Even Where Defendant Seeking Stay Had Not Initiated the Review
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Patent Acquisition Bar Precluding Plaintiff’s Counsel from Advising Any Clients on the Acquisition of Patents Granted Where Defendant Was Disclosing “Crown Jewel” Technology
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Motion for Leave to Amend Infringement Contentions Denied Where Plaintiff Sought to Add Thousands of New Products
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Motion to Strike Expert Testimony Granted to Preclude Expert’s “Logic Analysis” to Determine the Physical Structure of a Circuit but Expert Permitted to Opine That Logic of Accused Circuit Corresponds to Patent
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Plaintiff Allowed to Amend Complaint to Include Willful Infringement Based on Allegation That Defendant Continued to Sell Infringing Products after Learning of Patent Through Service of Original Complaint
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Declaratory Judgment Jurisdiction Found Where Patent License Negotiations Reached an Impasse and NDA Did Not Preclude a Lawsuit
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Disclosure of Opinions of Counsel to Customers Waived Privilege as to the Opinions and the Subject Matter of the Opinions
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Adobe Moved to Disqualify Opposing Counsel Where Counsel Had Done Opinion Work and Had Never Sent a Letter Terminating the Relationship Before It Took Matter Adverse to Adobe
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Inequitable Conduct Claim Dismissed on Summary Judgment Motion Where Conduct of Patent Prosecutor Was Disputed and Did Not Require a Finding of Intent to Deceive
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No Ongoing Royalty Allowed Where Plaintiff Failed to Request Ongoing Royalties Before Entry of Judgment
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Motion to Quash Deposition Subpoena for Complainant’s CFO Denied by Administrative Law Judge Where CFO’s Deposition Was Relevant to Domestic Industry Requirement
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Patent Case Rulings from the Central District of California: Apr. 1 to Apr. 30, 2013
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Patent Case Rulings from the Central District of California: May 1 to May 31, 2013
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Jury’s Award of Lump Sum Royalty Precludes Plaintiffs Request for Ongoing Royalties After Trial
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PTAB Clarifies Motion to Amend Claims
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Motion to Dismiss for Lack of Personal Jurisdiction Granted Where Supplier of Allegedly Infringing Product Sued for Declaratory Relief After Its Customer Was Sued in a Different Jurisdiction
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Carnegie Mellon v. Marvell: District Court Denies Request for $17 Million in Attorney’s Fees Without Prejudice Pending Appeal of Underlying Judgment
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After a Jury Found Plaintiff’s Patents Infringed and Awarded Damages, Defendants Renewed a Motion for Indefiniteness Based on Term “Look and Feel” in Patent
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SFA Systems v. Amazon: SFA Permitted to Amend Infringement Contentions Where Amendment Would Streamline Discovery and Prejudice to Amazon Would Be Minimal
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Motion to Enhance Ongoing Royalty Granted Based on Strength of Jury Verdict
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Motion to Stay Pending Inter Partes Review Denied Where the Claim Construction Hearing Had Already Occurred
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Motion to Enforce Settlement Agreement Denied Where Agreement Was Reached as to the Amount of the Settlement But Party Struck Through Two Other Material Terms
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Emblaze v. Apple: Court Orders Parties to Meet and Confer Over Motion to Compel After Emblaze Fails to Justify How Apple’s Search Terms Were Unduly Burdensome
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Foreign Parent Could Not Seek Lost Profits Based on Sales Lost By Its United States Subsidiary
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Motion to Intervene Denied After Jury Verdict of Patent Infringement Where Third Party Had Notice of Case and Could have Intervened Sooner
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Apple’s Motion to Dismiss Based on Invalidity and “Divided Infringement” Denied as Premature Because Court Had Not Yet Ruled on Claim Construction
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Defendant Precluded from Deposing Plaintiff’s Expert Twice, Once After the Initial Expert Reports and Again After Rebuttal Reports
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Motion to Exclude Damage Expert under Daubert Denied Where Expert Relied upon Incremental Profit and Cross-Examination Was Sufficient to Challenge Expert
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Inadvertent Disclosure Did Not Waive Privilege and Crime Fraud Exception Held Not to Apply Even Though Disclosed Document May Show That Plaintiff’s Counsel Told Plaintiff It Had a Weak Legal Claim
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Motion to Stay Pending Inter Partes Review Denied without Prejudice Where Inter Partes Review Had Not Yet Been Granted
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Counterclaims for Declaratory Judgment for Non-Infringement and Invalidity Dismissed as Duplicative of Infringement Complaint and Failure to Plead Any Facts Describing How the Patent Was Invalid
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Stay Pending Inter Partes Review Denied Because Defendant Waited Too Long to File the Petition and Court Had Dedicated Resources to Determining Claim Construction
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Assignment Agreement That Failed to Specifically Address Right to Sue for Past Damages Held Insufficient on Summary Judgment; Summary Judgment Granted to Limit Damages to Period After Patent Was Acquired
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Community Property Rights of Ex-Wife Impact Standing of Plaintiff to Maintain Patent Infringement Action
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Administrative Law Judge at ITC Grants Motion for Leave to File Motions for Summary Determination Out of Time Because Complainant Did Not Provide Additional Support for Infringement Contentions in Expert Report
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$50 Million Jury Verdict Over Turned Where Plaintiff Based Damage Theory on Worldwide Sales of Accused Products But Only Established That “Some” of Worldwide Sales Were Infringing
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Apple Moves to Limit Claims Asserted and Court Orders the Plaintiff to Reduce 247 Claims to 70 Claims over 10 Patents
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Register Now for a Patent Litigation Webinar: Taking Advantage of the New Inter Partes Review Process
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Micron Sends Email to Professors at the University of Illinois Stating that Micron Would Withhold Funding from the University Because It Remained a Defendant in a Patent Infringement Action Brought by the University
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Allegation that Defendants Knew of Patent at Time of Service of Complaint Sufficient to Establish Knowledge Requirement for Inducing Infringement
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Motorola v. Apple: Judge Postpones Markman and Orders Motorola and Apple to Clean Up Their Own Mess
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Motion to Exclude Advice of Counsel Granted Where Defendant Sought to Rely on Pre-Investigation Advice on Cease and Desist Letter While Preventing Discovery of Advice
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Pre-Filing Investigation at ITC Protected from Discovery as Work Product and Work Product Privilege Was Not Waived
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HP’s Motion to Dismiss for Lack of Standing Denied Where Plaintiff Demonstrated It Had Substantial Rights to Patents-in-Suit Even Though GE Had Right to Enforce Patents Against Seventeen Specific Companies, None of Which Were Defendants in the Litigation
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Patent Case Rulings from the Central District of California: Mar. 18 to Mar. 29, 2013
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Hitachi v. Top Victory: Court Declines to Apply Retroactively AIA’s Prohibition on the Use of an Accused Infringer’s Decision Not to Obtain Advice of Counsel as Evidence of Willful Infringement
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Motion for Sanctions Based on Threats of Counsel to Reexamine Patents and to Take Other Action Against Outside Counsel, Although at Best “Silly Posturing and at Worst Unprofessional,” Insufficient to Justify Sanctions Because of First Amendment
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Canon Establishes Economic Prong of Domestic Industry Requirement on Summary Determination in ITC Proceeding
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Apple v. Samsung: The Next Round Begins in District Court with the Court Ordering the Case Streamlined Limiting Each Side to Twenty-Five Asserted Claims and Accused Products and Stating “the Court Will Not Permit the Parties to Involve over Fifty Experts
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The PTAB Clarifies Scope of Permissible Discovery in Inter Partes Review Proceedings: Part 1 of 2
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Carnegie Mellon v. Marvell: After a $1 Billion Damage Award, Marvell Loses Motion to Compel Documents for Its Laches Defense Because It Waited Too Long to File and the Court Would Not Entertain Such “Wild Goose Chases” at This Late Juncture
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Patent Case Rulings from the Central District of California: March 1 to March 15, 2013
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PTAB Denies Petition for Inter Partes Review
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Apple’s Motion to Transfer Action Brought by Core Wireless Denied Where Apple Failed to Identify Specific Witnesses Who Would be Inconvenienced if the Case Were Not Transferred
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Claim for Induced Infringement Survives after Akamai Where Inference of Intent to Induce Infringement Was “not only reasonable; it is almost inescapable”
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Raising Affirmative Defense of Invalidity In An Answer Does Not Deprive A Party of Standing to Seek Inter Partes Review
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Supreme Court’s Decision in Guam v. Minton Has Immediate Impact and Leads to Vacating of Trial so that Court Could Determine If It Had Jurisdiction over Case
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Plaintiff’s Initiation of ITC Investigation Leads to Stay of District Court Case, including Stay of Patent not Involved in ITC Investigation
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Patent Case Rulings from the Central District of California: Feb. 16 to Feb. 28, 2013
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Microsoft Invalidates Motorola’s Patent Claims Where Means-Plus-Function Limitations Were Found Indefinite
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Customer Comments Admissible Over a Hearsay Objection Where Comments Could Be Used to Establish Use of an Infringing Feature
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Rule 11 Sanctions Imposed where Plaintiff’s Failure to Evaluate and Understand the Accused Product Was Unreasonable and Easily Avoided
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Transfer from Wisconsin to Eastern District of Texas Appropriate Where Cases Involving the Same Patent Were Proceeding in Texas
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Watch What You Say to the Press: Statements by Executives That Design-Arounds Were Already In Place Justifies Denial of Stay of Permanent Injunction
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Patent Case Rulings from the Central District of California: Feb. 1 to Feb. 15, 2013
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Terminating An Inter Partes Review Proceeding Following Settlement
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Failure to Provide Computation of Damages in Initial Disclosures Precludes Any Evidence of Damages at Trial
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Judge in Northern District of California Advises Parties That Federal Circuit’s Model Order on E-Discovery Is a Presumptive Starting Point for E-Discovery Orders
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California Court Denies Rule 11 Sanctions For Failure to Comply With Rule 11’s Safe-Harbor Provisions
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Allegations of Inducing Infringement Insufficient Where Plaintiff Failed to Plead Allegations Sufficient to Support an Inference of Intent to Induce Infringement
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Inter Partes Review: Procedure for Amending Claims
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Apple v. Samsung: The District Court Issues Its Final Rulings Denying Motions for New Trial and Finding No Willful Infringement; Next Stop the Federal Circuit
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Patent Case Rulings from the Central District of California: Jan. 14 to Jan. 31, 2013
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Inter Partes Review: Who is a Required “Real Party in Interest”?
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Recommendation to Grant Motion to Dismiss for Lack of Standing Where Plaintiff Did Not Retain Sufficient Rights in Patent-in-Suit
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Inter Partes Review: Dismissal Without Prejudice Bars Application of the IPR Statute of Limitations
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Allegations That Patent Holder “Buried” the Patent and Trademark Office with Prior Art References Insufficient to Support Inequitable Conduct Claim
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Russian Company Served Through Texas Secretary of State Held Proper Service Because the Russian Federation Unilaterally Suspended All Judicial Cooperation with the United States in Civil and Commercial Matters
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Inter Partes Review: The PTAB Warns Parties Against Sending Ex Parte Emails
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In-House Counsel’s Guide to Pro Hac Vice Admission to Practice before the Patent Trial and Appeal Board (PTAB)
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Patent Case Rulings from the Central District of California: Jan. 1 to Jan. 11, 2013
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Brocade v. A10 Networks: Brocade Granted Permanent Injunction as It Satisfied Causal Nexus Requirement by Showing that It Practiced Its Patent, that A10 Was a Direct Competitor and that It Does Not License Its Patents
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The Patent Trial and Appeal Board Requires A Patent Owner’s Challenge on The Petitioner’s Standing to be Raised in the Patent Owner’s Preliminary Response
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Danisco v. Novozymes: Declaratory Judgment Action for Non-Infringement and Invalidity Improper and Dismissed Where Action Was Filed Prior to or Simultaneously with the Issuance of the Patent
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California Court: Allegations That Defendant Used Product Is Sufficient To Plead Claim for Direct Infringement of Method Claims
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Eastern District of Texas Orders Severance of Multi-Defendant Action Sua Sponte to Avoid One “Massive” and “Unmanageable” Trial
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First Filed Inter Partes Review Granted With Mixed Results
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Allvoice v. Microsoft: Allvoice Loses Attempt to Modify Infringement Contentions after an Adverse Markman Ruling
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LSI Successfully Adds Accused Products to ITC Investigation Against Funai
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Motion to Substitute New Entity as Plaintiff and Dismiss Original Plaintiff Denied Where Defendant Was Entitled to Direct Discovery Against Original Plaintiff
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Carnegie Mellon v. Marvell: Marvell Loses $1.17 Billion Jury Verdict and Jury Finds Marvell’s Infringement Willful After Court Precludes Marvell from Relying on Its Own Patents as a Defense
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Apple v. Samsung: Samsung’s Argument Regarding Juror Misconduct Insufficient to Justify a New Trial
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Apple v. Samsung: Apple Loses Bid for Permanent Injunction against Samsung Because It Cannot Show Nexus Between Harm and Patented Features
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Plaintiff Had Standing to Pursue Patent Infringement Action Against AOL and Google Where It Had Acquired All Substantial Rights to the Patent-In-Suit
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Respondent’s Motion to Compel Based on Declaration from a Former Employee That Complainant’s Counsel Were in Contact with Current Employees of Respondent Was Denied Where Complainant’s Counsel Represented to ALJ That No Such Contact Had Occurred
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LG Moves to Compel Plaintiff to Produce Inventor Who Resides in Taiwan to Sit for a Deposition in the United States
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Court Denies Marvell’s Emergency Motion to Strike Carnegie Mellon’s Attempt to Include Noninfringing Sales of Chips That Are Never Used in the United States as Untimely and an Improper Attempt at Reconsideration
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The America Invents Act Brings Patent Litigation to the Patent and Trademark Office: Declarations and Depositions Will Now Be Common for the First Time
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Administrative Law Judge Limits Discovery of Electronically Stored Information in Proceeding before ITC by Limiting the Number of Custodians to 15
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Apple v. Samsung: Apple Is Ordered to Turn over Recent Settlement Agreement with HTC to Samsung Despite HTC’s Objections
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Brandywine v. Cisco: Motion to Dismiss Damage Claim Based on Inadequate Disclosures Denied But Plaintiff Ordered to Supplement With Information in Its Possession or Risk Preclusion
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Multimedia Patent Trust v. Apple: Motion to Strike Expert’s Equivalence Analysis Denied Where Defendants Were Merely Disagreeing With Expert on the Underlying Facts
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Federal Circuit’s Akamai Decision Begins to Impact Current Cases as Court Grants Leave to Amend Inducing Infringement Allegations
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Apple v. Samsung: A Sign of Things to Come? Court Reduces Attorneys’ Fees for Both Apple and Samsung for Block Billing
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Carnegie Mellon University v. Marvell: Marvell Loses Motion to Exclude Damage Expert Testimony That Included Price and Profit Margin on Chips Where Damage Expert Did Not Rely Upon Entire Market Value Rule
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Apple Settles with HTC: What Does It Mean for the Smartphone Wars?
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District Court Stays Patent Case Pending Reexamination Despite Argument That Backlog at PTO after America Invents Act Would Slow Reexamination
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District Court Strikes Both Parties’ Excessive Exhibit Lists and Deposition Designations Prior to Trial
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CSR v. Bandspeed: Bandspeed Loses Motion for Summary Judgment of Non-Infringement
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PB&J Software Patent Infringement Claims Dismissed with Leave to Amend for Failure to Identify a Product
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Multimedia Patent Trust Is Not Permitted to Add New Products in Final Infringement Contentions Based on Court’s Claim Construction Order
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Microsoft v. Motorola: District Court Denies Motorola’s Summary Judgment on Microsoft’s Claim for a RAND License
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Defendant’s Argument That It Practiced the Prior Art Not Sufficient to Avoid Finding of Infringement on Summary Judgment
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Apple v. Samsung: Court Dissolves Injunction and Permits Sale of Samsung’s Galaxy Tab 10.1
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Chief Judge Kozinski Rules in Favor of Google Finding Street View Did not Infringe Vederi’s Patents
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Apple v. Samsung: The Federal Circuit Frees the Galaxy Nexus from Siri’s Injunctive Grip
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Covenant Not to Sue Blocks Declaratory Judgment Action Seeking to Invalidate Patent
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Apple Inc. v. Samsung Electronics Co. Ltd – Apple’s landslide victory over Samsung in a US District Court does not mark the end of the so called smart phone ‘patent wars’
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Freddie Mac Proves Patent Invalid on Motion to Dismiss That Is Converted into a Summary Judgment Motion for Claiming Unpatentable Subject Matter
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Administrative Law Judge Denies Request to Exclude Rebuttal Witness and States That the Request Did Not Merit a Motion that Expends the Resources of the ITC and the Parties
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AT&T, Apple and Other Defendants Win Motion to Dismiss Claims of Indirect Infringement Even Though Claims Satisfied Form 18
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Promega Wins $50 Million Jury Verdict — and the Court Takes It Away Because Promega Did Not Show That Infringing Products Were Made or Sold in the United States or Imported into the United States
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Apple v. Samsung: Preliminary Injunction Stays in Effect Despite Jury Verdict Finding of Non-Infringement of Galaxy Tab 10.1
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Recommendation to Grant Summary Judgment in Favor of Fox and Other Studio Defendants Where Studios Were Selling Products That Incorporated a Process from a Domestic Manufacturer
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Federal Circuit Holds That Party Seeking Declaratory Judgment of Non-Infringement Bears the Burden to Prove Non-Infringement
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ESPN Loses Affirmative Defenses and Invalidity Counterclaim on Motion to Dismiss But Court Recognizes Unfairness in Allowing “Bare-Bones” Infringement Complaint While Prohibiting Defendants from Pleading Affirmative Defenses with Brevity
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Court Strikes Demand for Jury Trial Where Claims at Issue Focused Solely on Validity of Patents
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Motion to Dismiss Patent Infringement Complaint Granted Where Complaint Used the Phrase “At Least” to Claim More Than Products Identified in Complaint
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Counterclaim for Invalidity Dismissed Even Though It Complied with Form 18 Because It Contained Conclusory Allegations
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Imperium v. Apple: Seventy-Four Products Added Against Apple on Motion for Leave to Amend Infringement Contentions Even Though Trial Set for April 2013
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WiFi “Sniffing” Ruled Not a Violation of the Wiretap Act Where Patent Holder Sought to Collect Information That Was Available over Public WiFi Networks
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Motion for Judgment on the Pleadings Denied Even Though Defendant Contended that Patent Infringement Claim Contradicted the Specification of the Patent-In-Suit
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Court Strikes Infringement Contentions for Adding New Products and Then Strikes Back Door Attempt to Include Stricken Products in the Expert Report
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Verizon Successfully Moves to Sever and Stay Patent Infringement Action Based on “Customer Suit Exception”
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Court Severs Defendants in Multi-Defendant Action But Then Consolidates the Severed Cases
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Apple v. Samsung: Court Denies Samsung’s Motion for an Adverse Jury Instruction Because Samsung Waited for “Months and Months” and Only Sought the Instruction During Trial
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Google Attempts to Intervene at the ITC in an Investigation Initiated by Nokia against HTC
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Apple v. Samsung: Samsung Moves to Preclude Apple from Commenting on Samsung’s Failure to Call Certain Witnesses at Trial
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Apple Files Motion for Protective Order to Stop Deposition in Progress: Court Denies the Motion and Sanctions Apple, Including a Potential Waiver of Attorney-Client Privilege and Adverse Inference Instructions to Remedy the Misconduct in Stopping the Dep
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Administrative Law Judge at ITC Strikes Supplemental Expert Reports Filed without Permission
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Soverain Software v. J.C. Penney: Denying Summary Judgment of Non-Infringement of E-Commerce Patent Based on Divided Infringement Theory
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Apple v. Samsung: Apple Moves to Enforce Court Orders Regarding Admissibility of Sony Designs That Samsung Failed to Disclose Timely
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Multi-District Panel Denies Transfer Where Plaintiff Had History of Licensing and Prior Actions Had Settled Early in Litigation
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Abaxis v. Cephied: Technical Expert Allowed to Testify Even Though He Had No Personal Experience with Technology but Opinions on Commercial Success and Copying Excluded
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Apple v. Samsung: Third-Party Licenses Become Public and IBM’s License Data Is No Exception
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ITC Denies Summary Determination Motion Where Respondent Filed the Motion Two Hours Past the Filing Deadline
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AT&T Mobility Successfully Dismisses Claims for Direct Equivalent Infringement and Indirect Infringement
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Challenge to Plaintiff’s Damage Expert’s Opinion on Reasonable Royalty Successful Where Expert Relied on Hypothetical Negotiation That Would Have Resulted in Financially Catastrophic Agreement for Defendants
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Sling Media Successfully Moves to Strike Plaintiff’s Infringement Contentions
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Multimedia Patent Trust v. Apple: The Court Denies Multimedia’s Late Attempt to Amend Its Complaint to Add an Additional Patent
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Court Denies Motion to Exclude Plaintiff’s Expert on the Absence of Non-Infringing Substitutes Even Though Opinion Was Based on Report of Another Expert
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Complainants in ITC Proceeding Permitted to Drop Patent from Investigation Over Objection from Respondents that Complainants Committed Inequitable Conduct before the Commission
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SAP v. DataTern: Summary Judgment Granted Where Patent Holder Failed to Serve Infringement Contentions
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Apple v. Samsung: After Remand from the Federal Circuit, Apple Wins Preliminary Injunction Against Samsung
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Apple v. Samsung: The District Court Strikes Parts of Apple’s and Samsung’s Experts Reports
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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
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Court Denies Provision of Protective Order That Would Restrict Transmission of Protected Information Outside of the United States
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Multi-District Panel Centralizes Case at Request of Plaintiff and Moves All Actions to Illinois
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Parallel Networks Cases Centralized in the Eastern District of Texas Over Parallel Networks Objection
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Apple v. Motorola: Apple Wins Motion for Summary Judgment of Non-Infringement
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Apple’s Expert in ITC Proceeding Precluded from Offering Certain Testimony Regarding Non-Infringement and Lack of Domestic Industry
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Sanctions for Alleged Spoliation Against Samsung Denied in Ongoing Battle with Apple by Administrative Law Judge at the ITC
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“Stop the Shenanigans” — Court Orders Parties’ Attorneys to Behave Themselves at Depositions
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Defense Expert Report on Non-Infringement Stricken Even Though Plaintiff Waited Until Just Before Trial to Move to Strike and Had Possession of Report for Nearly a Year
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Research in Motion: Purported Inventor’s Late-Filed Lawsuit Dooms Claim of Co-Inventorship Because Laches Based on Economic Prejudice Bars the Claims
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Complainant OSRAM AG Loses Summary Determination Motion to Establish Satisfaction of Domestic Industry Requirement at the ITC Because It Could Not Establish Economic Prong
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Claims for Inducing Infringement and Willful Infringement Dismissed Based on Failure to Plead Sufficient Facts
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Damage Expert Opinion Allowed Where Expert Properly Apportioned the Value Between the Patented Feature and the Unpatented Features of the Accused Products
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Expert on Dispute over Inventorship Permitted to Rely on Section 102(f) to Establish Purported Inventor Did Not Make Significant Contribution to the Invention
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3,000 Page Attachment with Limitation by Limitation Invalidity Analysis Violates ITC Ground Rule and Is Rejected
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Apple v. Motorola: Motorola Loses Bid to Exclude Apple’s Damage Expert
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Multi-District Panel Rules That America Invents Act Does Not Bar Centralization of Multiple Defendants in Single District
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Apple Wins Motion for Issue Preclusion Sanctions Against Samsung for Samsung’s Failure to Produce Source Code
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Court Denied Motion to Exclude Expert Testimony That Relied on Consumer Survey to Establish Evidence of Infringement
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Apple v. Motorola: Apple Provides Counsel Free of Charge to Inventor to “Prepare” for Deposition and Judge Posner Rules That No Bona Fide Attorney-Client Privilege Was Created
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Apple v. Samsung: Rule 37 Sanctions Ordered Against Samsung for Failure to Timely Produce Documents Despite Two Court Orders
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Inequitable Conduct Defense Dismissed Where Defendants Did Not Even Purport to Identify an Allegedly Fraudulent Document Submitted to the PTO
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Inventor Not Required to Answer Hypothetical Questions at Deposition Because He Was Not Designated as an Expert
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Apple v. Samsung: Court Grants Motion to Compel Deposition Testimony of Samsung High-Level Executives But Limits the Time of the Depositions
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Court Denies Motion to Exclude Defendant’s Employee Expert Even Though Employee Expert Testified at Deposition That His Report Contained No Opinions and Repeatedly Invoked the Attorney-Client Privilege During Deposition
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Barebones Complaint Leaves Nestlé With Bitter Taste
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Oracle v. Google: Google Moves to Exclude Portions of the Court-Appointed Expert’s Report on Patent Damages
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Apple v. Motorola: “The Witness Lists Are Too Long”
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Plaintiff Prohibited from Offering Evidence of Defendants’ Overall Economic Status and Profitability During Patent Infringement Trial
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Damage Award of $5 Million Upheld Where Plaintiff Submitted Expert Testimony of Running Royalty Rate and Jury Was Not Required to Adopt Either of the Parties Royalty Calculations
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Thereasense Round Two: Even After “Seismic Shift” in the Law of Inequitable Conduct, District Court Applies Federal Circuit’s New Standard and Still Finds Patent Invalid Due to Inequitable Conduct
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Patent Holder Loses Request to Extend Date for Filing Preliminary Infringement Contentions Where It Did Not Act Diligently in Seeking Relief from Court
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Eastern District of Texas Limits Plaintiff to 40 Claims Across 10 Patents But Orders Dell to Respond to Interrogatory Seeking Non-Infringement Contentions Prior to Claim Construction
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Stay Pending Reexamination Granted, Even Though Plaintiff and Defendant Were Competitors, Because Plaintiff Did Not Move for a Preliminary Injunction
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Oracle v. Google: Oracle Strikes Back and Succeeds in Striking Part of Google’s Expert Report on Damages
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Judge Posner Consolidates Multiple Defendants Sued in Separate Actions and Raises Questions Whether Plaintiffs, if Successful in Establishing Liability, Will Be Entitled to Non-Trivial Damages
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Apple v. Motorola: Judge Posner Issues an Order Requesting Claim Construction That Are Written in Language That Is Intelligible to Jurors
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Oracle v. Google: The Battle Over Android Continues as Google Seeks to Exclude Oracle’s Damage Expert for the Third Time
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Motion to Sever and Stay Denied Where Customer Defendants Could Not Satisfy Customer Suit Exception Factors
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After Finding of Direct Infringement on Summary Judgment, Court Concludes that Defendant’s Infringement Was Not Willful But Denies Defenses of Laches and Equitable Estoppel
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Will Mayo v. Prometheus Be the Basis for the Invalidation of Broad Patent Claims and the Renegotiation of Royalties? Implications for Myriad gene case.
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Common Legal Interest Doctrine Saves Privileged Documents from Production Where Parties Contemplated an Acquisition of Patents
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Interwoven v. Vertical Computer Systems: Motion to Stay Pending Reexamination Denied Where Alleged Infringer Filed Declaratory Judgment Action to Initiate Litigation and Then Participated in Litigation Through the Markman Hearing
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Apple Invalidates Two Claims of NetAirus’ Patent But Faces Trial on Two Others: NetAirus v. Apple
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Request for Sanctions for Spoliation Denied Where Plaintiff Failed to Bring the Spoliation Issue to the Court’s Attention for Four Months and Waited Until the Eve of Trial
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Robocast v. Apple/Microsoft: Transfer Motion Denied Where Plaintiff’s Choice of Forum Was Given Deference and the Relative Size and Strength of the Parties Weighed Against Transfer
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Tactical Decision to Exclude Royalty Rate from Expert Report Causes Court to Preclude Defendant from Arguing Royalty Rate to the Jury
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Federal Circuit Confirms That Method of Deferring Taxes Is Not Patentable
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Something New under the Sun: The Patent Reform Act of 2011 represents the first major overhaul of patent law since 1952
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Affirmative Defense for Invalidity Dismissed Where Affirmative Defenses Were Plead in the Disjunctive and Did Not Put Plaintiff on Proper Notice
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Direct Infringement Action Against Time Warner and DirecTV Dismissed Where Plaintiff Failed to Plead Sufficient Allegations of Infringement
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Covenant Not to Sue Contains an Implied License Barring Infringement Claims and Cannot Be Revoked After Reliance
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Brandeis University’s Patent Infringement Case Over Cookies Crumbles Against Multiple Defendants and the Court Transfers All the Crums to Another District
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Round Rock Loses Motion to Dismiss for Lack of Personal Jurisdiction in its Battle with SanDisk: SanDisk Corporation v. Round Rock Research
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Even Though Claims Did Not Satisfy Machine-or-Transformation Test, Patent Not Held Ineligible Because the Claims Were Not Directed to an Abstract Idea
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The Battle over Android, Oracle v. Google: Oracle Is Ordered to Produce Witnesses for Deposition Because of an Unfortunate Typo
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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
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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
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Court Grows Tired of Apple and Samsung’s Repeated Motions to Shorten Time: Apple v. Samsung
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Owner of 9-1-1 Network’s Motion to Compel Supplemental Infringement Contentions Denied
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The Battle Over Android, Oracle v. Google: Google Is Ordered to “Stand and Deliver” or Withdraw Its Patent Marking Defense
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Inventor’s Toy Glider Infringement Action Crashes to the Ground When Plaintiff Fails to Refute Evidence on Summary Judgment
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Judge Posner Grants Motorola’s Summary Judgment Motion of Non-Infringement for Android: Apple v. Motorola
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Court Orders Depositions in Taiwan to Overcome Procedural Obstacles in Japan
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Taser’s Contempt Motion Denied Where Colorable Differences Existed Between Infringing Product and Newly Accused Product
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The Battle over Android, Oracle v. Google: Court Allows Third Chance for Oracle’s Damage Expert to Take a Bite out of Google But Makes Oracle Pay for the Chance
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Court Sinks Two Moms and a Toy’s Attempt to Modify Expert Schedule in Patent Battle over Bath Toy
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Microsoft and Google Strike Back: Declaratory Judgment Action Remains in Delaware Even Though Defendant Had Sued 450 Microsoft and Google Customers in Texas
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Court Allows Deposition of Trial Counsel Over His Pre-Filing Investigation
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Motion to Dismiss Granted Where Complaint Failed to Allege That One Party Performed Each Step of Method Claim
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Verizon’s Inequitable Conduct Defense Survives Challenge
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The Battle over Android: Google Succeeds in Striking Oracle’s Damage Expert for Conducting a Patent-By-Patent Analysis Instead of a Claim-By-Claim Analysis
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Motion to Dismiss Denied Where Claim for Joint Infringement Was Not At Issue in Complaint
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Downstream Distributors’ Request for Stay of Litigation Denied Where Stay Would Interfere with Plaintiff’s Ability to Effectively Litigate
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Lost Profits Claim Dismissed Where Plaintiff Did Not Provide Sufficient Evidence to Support the Entire Market Value Rule in Opposing Summary Judgment
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Defense Attorneys Disqualified for Hiring Plaintiffs’ Trial Technician from a Previous Case Involving the Same Patents
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The District of Massachusetts Recognizes the Need For More Courtroom and Trial Experience for Relatively Inexperienced Attorneys
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Court Grants TiVo’s Motion to Compel Clawed Back E-Mail and Sanctions Defendant AT&T For Failing to Justify That E-Mail Was Privileged
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Motion to Lift Stay Pending Inter Partes Reexamination Denied Where Reexamination Was Not Complete
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Plaintiff’s Motion for Summary Judgment of No Inequitable Conduct Granted Where Merely Failing to Provide References Insufficient to Establish Specific Intent to Deceive Patent and Trademark Office
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Multidistrict Panel Transfers Patent Cases Pending in District Courts in Texas and Delaware to the District of Maryland Even Though No Cases Were Pending in Maryland
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Paying for Reduction to Practice of an Invention Does Not Make One a Co-Inventor of the Invention
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Multidistrict Panel Denies Transfer in Patent Infringement Action Involving Multiple Defendants and Patents in Different District Courts
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L.L. Bean Wins Motion to Sever and Transfer Where Plaintiff’s “Lame” Response That All Accused Products Were Similar Is Insufficient to Establish Proper Joinder
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Anonymous Letter Enough to Establish Jurisdiction for Declaratory Judgment Action
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Multidistrict Litigation: The Future of Multi-Defendant Cases After the America Invents Act?
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Google Again Moves to Strike Part of Oracle’s Damage Claim in the Battle over Android
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Implied Waiver of Attorney-Client Privilege Extends to Trial Counsel Who Consulted with Patent Prosecutor
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Hot Potato: Case Is Transferred from Florida to California and Then Back to Florida
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Motion to Compel Financial Records for Products Shipped Outside of the United States Denied Where Such Sales Did Not Fall within Section 271 of the Patent Act
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Complaint Survives Motion to Dismiss Based on Facts Outside the Complaint
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Permanent Injunction Granted Against Verizon’s Video on Demand Service Even Though Plaintiff Was Not a Direct Competitor
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New Trial on Damages Ordered Where Expert’s Reliance on 25% Rule Was Inappropriate in Light of Uniloc and Availability of Non-Infringing Substitute Was Not Considered
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Apple Seeks Order Preventing Samsung’s Attorney from Participating in Further Depositions on Charges That Attorney Did Not Practice with Honesty, Care and Decorum
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Leave of Court Required Before Summary Judgment Motion Can Be Filed Denied Where “Look and Feel” of a Website Was Not Indefinite
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Brand New Expert on Reply Precluded as Litigation Maneuver as Google’s Motion to Strike Oracle’s Expert Is Granted
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Lucent’s Damages Against Microsoft Keep Getting Smaller as $70 Million Is Reduced to $26 Million
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Plaintiff Gives Thanks That Texas Court Denied Prevailing Defendants Their Attorneys’ Fees Despite Plaintiff’s Claim Construction and Infringement Theories That “Stretch[ed] the Bounds of Reasonableness”
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Motion to Stay Based on Customer Suit Exception Denied as Premature Where Infringement Contentions Had Not Yet Been Served
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The Battle Over Android: Oracle and Google Experts Differ by Billions on Damages So Court Appoints Its Own Expert
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After Six Years, Stay Pending Reexamination Is Lifted As the Life of the Patents Is Nearly Extinguished
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Failure to Disclose Expert on Timely Basis Justifies Exclusion Before Markman Hearing
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Customers Severed in Multi-Defendant Litigation and Case Against Suppliers Transferred
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Facebook’s Motion to Stay Pending Reexamination Denied Where Plaintiff Showed It Would Suffer Undue Prejudice
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HP’s “Stunning” and “Arrogant” Restrictions on Plaintiff’s Expert Denied Where HP Sought to Preclude Expert from Working in Similar Field or Against HP for Several Years After Trial
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Expert Survives Challenge to Methodology Where Report Contained Opinions That Plaintiff’s Licenses Would Raise Prices by Excluding Competitors
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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
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Defendants Precluded From Introducing Evidence of Their Own Scientists Work to Apportion and Decrease Damages
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Defendants Proximity to Delaware Leads to Transfer Out of the Eastern District of Texas
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Continuing Infringement Justifies Award of Supplemental Damages
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Bounced Check Almost Leads to the Abandonment of a Patent
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Sanctions Awarded Against Teva Pharmaceuticals for Continuing to Press Inequitable Conduct Defense and Counterclaim After Therasense
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The Battle Over Android Continues: Google Succeeds in Striking Part of Oracle’s Expert Report
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Failure to Offer Evidence of Acceptable Non-Infringing Alternatives in Summary Judgment Precludes Later Offer at Trial
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Google’s Proxy War with Apple Continues as Google Backs HTC
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Doubling of Ongoing Royalty Rate Justified by Taiwan Company’s CEO’s Comments to the Press
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Inducing Infringement Claims Dismissed Where Plaintiff Failed to Allege Intentional Inducement
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Apple and Samsung Preliminary Injunction Battle Heats Up As Court Rules on Discovery Dispute
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Patent Exhaustion Leads to Dismissal of Video Compression Patents Alleged Against Certain DirecTV Products
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Methods Claims for E-Mail Processing Survive a Challenge to Patentability Under Bilski
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Despite Therasense’s Heightened Standard, Another Inequitable Conduct Claim Survives Summary Judgment
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Mark Your Products/Packaging or Lose Your Past Damages
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Multiple Defendants Dismissed Based on Improper Joinder
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Inequitable Conduct Claim Survives Motion to Dismiss Because Allegations Permitted a Plausible Inference of Intent to Deceive
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Did Plaintiff’s Counsel Violate the Golden Rule Justifying a New Trial? Court Says No Based on a “–“
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TiVo Raises Claims of Inequitable Conduct That Survive Dismissal
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Direct and Indirect Infringement Contentions Survive Motion to Dismiss Where Defendants’ Customers Are Identified as Direct Infringers
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Another Inequitable Counterclaim Dismissed after Therasense
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Court Allows Discovery Directed to Inequitable Conduct Defense Even After the Discovery Cut-Off
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Hurricane Shooters Defendant Toasts Court’s Ruling That Its Section 102(g) Prior Invention Defense Survives Summary Judgment
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Twenty Percent Royalty Rate Appropriate Where Plaintiff Was Highly Unlikely to License Its Patent to Defendant, a Direct Competitor
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Oracle and Google Edge Closer to Trial and the District Court Denies Google’s Objection to Pool of Jurors
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Failing to Produce Documents and False Declarations Lead to Monetary Sanctions and Evidentiary Sanctions Precluding Defendants from Contradicting Plaintiffs’ Experts on Issues of Infringement, Sales and Profits
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Motion to Compel Granted Over Defendant’s Request to Limit Scope of Search for Electronically Stored Information Because Search and Review Would Cost $1 Million
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Another Inequitable Conduct Defense Bites the Dust after Thereasense
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Avoiding Means-Plus-Function in the Up and Down World of Elevators
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Motion for Ongoing Royalty Denied Where Jury Awarded Lump Sum in Verdict
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Wisconsin Court: Absent Unusual Circumstances, Patent Complaint Must Include Identification of Asserted Claims and Accused Product
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Even After Therasense a Defense of Inequitable Conduct Survives Summary Judgment
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Terminal Disclaimer Renders Patent Unenforceable
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Central District of California Court Holds That The Absence of Pinpoint Citations to Source Code In Plaintiff’s Infringement Contentions Does Not Bar Deposition Over Source Code
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Medical Method Claims for Detecting Down Syndrome Is Patentable Under Bilski But Rendered Anticipated and Obvious by the Prior Art
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Contempt Motion Granted Where Defendant Offered to Sell Its Infringing Product After Entry of a Permanent Injunction
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Transfer Motion Denied Even Where Defendants Consent to Jurisdiction in the Proposed Transferee District
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The Federal Circuit’s Therasense Decision Is Having Its Intended Effect Of Reigning In Inequitable Conduct Claims
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Sanctions Granted for Repeated Discovery Misconduct and Attorneys’ Fees Awarded for Counsel’s Fabricated E-Mail
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Plaintiff’s Discovery Misconduct Leads To Award of $800,000 in Attorneys’ Fees
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Delaware District Court Denies Production of Documents Pertaining to Third-Party Licensing Company Holding That the Documents Are Protected by the Common Interest Privilege
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Another Motion to Transfer Denied in Delaware Even Where Plaintiff, Defendant and Witnesses Are Located in California
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Retirement of Texas Judges Leads to Transfer Out of Texas
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Court Orders Production of Sales Evaluation Files for Products Accused of Infringement
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Failure to Mark with Patent Numbers Limits Pre-Suit Filing Damages
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Motion for Partial Summary Judgment of Invalidity Denied Where Means-Plus-Function Limitations Were Definite
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Google CEO Ordered to Testify in Patent Dispute with Oracle
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Delaware District Court Grants Motion to Transfer Even Though Transferee Court Did Not Have Personal Jurisdiction over the Plaintiff
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Delaware District Court Stays Patent Lawsuit Pending Reexamination in the Patent and Trademark Office
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Transfer Motion Denied Where Defendants Did Not Show That Case Could Have Been Filed in Proposed Transferee Jurisdiction
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Dismissal of Indirect and Joint Infringement Appropriate Where Plaintiff Failed to Plead Sufficient Facts to Establish Knowledge and Control or Direction
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Trial By Ambush Not Tolerated In Texas
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Motion to Dismiss Denied Under Bilski Where Plaintiff Contended That a Computer Programmed in a Particular Way Was the Invention Itself
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Damage Experts’ Opinions Excluded Where Experts Did Not Establish Link Between License and the Patent-In-Suit
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First-Filed Declaratory Judgment Action Dismissed in California Where Florida Court Was Already Familiar with Patents-in-Suit
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Review Your Assignment Agreements Now — United States Supreme Court Re-Affirms that Inventors Own Their Inventions
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Patent Infringement Action Dismissed for Lack of Personal Jurisdiction Where Patent Infringement Claims Did Not Arise Out of Negotiations for a License
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Motion to Compel Granted Where Infringement Contentions Were Inadequate to Put Defendant on Notice of Infringement
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Summary Judgment on Indefiniteness Denied Where Claims Reciting Term of “Engine for” Was Not a Means-Plus-Function Term
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Merely Stating That Testing of Potentially Infringing Products Is Expensive Is Not Good Cause To Amend Infringement Contentions Under Northern District of California’s Patent Rules
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Inequitable Conduct Defense Dismissed for Failure to Plead Sufficient Facts
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Plaintiff’s Expert Precluded from Testifying on Entire Market Value Rule Where Basis for Consumer Demand Was Not Shown
:
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Delaware Court Again Rules That A Corporate Entity’s State of Incorporation in Delaware Weighs Heavily Against Transferring Out of Delaware
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Complete Source Code Production Ordered for Deposition
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Incorporation in Delaware Leads to Denial of Motion to Transfer
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Expert Survives Daubert Challenge on Entire Market Value Theory
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Equitable Estoppel — Silence May Preclude Enforcement
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Applying Therasense Court Denies Defense Motion of Inequitable Conduct
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Source Code Review — What Must a Defendant Provide During the Review?
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Divided Infringement Leads to a Finding of No Infringement
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Patent False Marking Claims Prove Largely To Be A Nuisance
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Microsoft Loses Clear and Convincing Evidence Challenge to Validity of Patents
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Patent for Insurance Claim Processing Held Invalid Under Bilski
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The Person of Ordinary Skill in the Art May Not Save your Patent
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Discovery Regarding Future Products Denied Despite Argument of Accelerated Market Entry
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Scheduling Orders in Multi-Defendant Litigation – Another Decision
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Challenge the Written Description–Or Lose Your Patent
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Updated:
Glory Licensing LLC v. Toys “R” Us, Inc.: The Machine-or-Transformation Test Is Not Satisfied
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Vertical Computer Systems, Inc. v. Interwoven, Inc.: A Transfer in Part
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Continuations, Parents and Loss of Priority
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Waiver of Attorney-Client Privilege
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Another Defendant is Sanctioned for Failing to Provide Discovery
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Consumer Surveys in Patent Cases
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Failing to Name All Inventors May Mean the End of Your Patent
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Sanctions for Failure to Comply with Discovery Obligations
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Recapture and Reissue – Recent Developments in the Federal Circuit
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Another Court Severs Multiple Defendants – Interval Licensing LLC v. Apple Inc.
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Declaratory Judgment Jurisdiction, A Curious Decision in the Federal Circuit
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Multiple Defendants, Misjoinder and Severance in District Court News
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Your Assignment Agreements May Be Outdated — Take Action Now
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Selling Disabled Software Code Is Not Direct Infringement – Mikkelsen Graphic Engineering, Inc. v. Zund America, Inc.
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The En Banc Court Changes Infringement Analysis for Contempt Hearings
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Do Not Overlook Community Property Laws When Acquiring Patents and Other Intellectual Property
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Johnson & Johnson Hit with $482 Million Verdict Plus $111 Million in Prejudgment Interest in District Court News
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Non-Infringement of Method Claims in McKesson Technologies Inc. v. Epic Systems. Corp.
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Protect Your Intellectual Property: Draft Employment Agreements Carefully
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Mirror Worlds Loses a $625 Million Judgment Against Apple
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The Written Description Requirement in Crown Packaging v. Ball Metal
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Taxes – An Overlooked But Important Consideration for Inventors and Patent Owners
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