Articles Posted in C.D. California

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Apple filed a motion to compel discovery from Farstone Technology, Inc. (“Farstone”) by way of a Joint Stipulation as required by the court’s local rules. After the court reviewed the joint stipulation, it found that there were significant problems and that too many disputes remained for the court to resolve.

As a result, the court concluded that the meet and confer process had failed that the parties had not complied with Local Rule 37-1. “After reading the Joint Stipulation, the Court cannot but conclude that the meet and confer process has failed. There are far too many disputed issues. Both sides are not being as reasonable and flexible as they should be and as the Local Rules contemplate. Specifically, Local Rule 37-1 requires counsel to ‘confer in a good faith effort to eliminate the necessity for hearing the motion or to eliminate as many of the disputes as possible.’ (Emphasis added.)”
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In this patent infringement action between Plaintiffs Good Technology Corporation and Good Technology Software, Inc. (“Good) and Defendant MobileIron, Inc. (“MobileIron”). Two months before the trial, MobileIron moved to dismiss the case based invalidity under 35 U.S.C. § 101.

The court, referencing the Supreme Court’s decision in Alice, found the claims in the patents may indeed be abstract. “In Alice Corp. Pty. Ltd. v. CLS Bank Int’l, the Supreme Court held that 35 U.S.C. § 101 bars any patent claim directed to an abstract idea unless the claim includes “additional features” that transform the idea into a patent eligible invention. At first glance, Alice would seem to pose serious problems for each of the claims of two patents Plaintiffs Good Technology Corporation and Good Technology Software, Inc. assert against Defendant MobileIron, Inc. United States Patent No. 7.907,386 appears directed to little more than the notion of enforcing rules. United States Patent No. 7,702,322 appears no less abstract in claiming a way of ensuring the compatibility of two items used together. In the absence of a transformation of these ideas, Good would appear to be the owner of two patents worth little more than the paper they are printed on.”
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In this patent infringement action, the plaintiff filed a motion for entry of a standard protective order after the defendant would not agree to sign a stipulated protective order. As explained by the district court, the plaintiffs sued defendants, alleging that they infringed on several patents.

After the lawsuit was filed, plaintiffs’ counsel requested that defendants’ counsel sign off on a stipulated protective order to protect certain confidential/proprietary materials that the parties were going to exchange in discovery. The district court explained that “[t]his is standard operating procedure in patent cases in federal court and the parties and the Court routinely sign off on them in these cases.”
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The plaintiff, MyMedicalRecords (“MMR”), owns U.S. Patent No. 8,498,883 (the ‘883 Patent) entitled “Method for Providing a User with a Service for Accessing and Collecting Prescriptions.” MMR asserted claims 1-3 of the ‘883 Patent against Quest Diagnostics, Inc., WebMD Health Corp., WebMD Health Services Group Inc., and Allscripts Healthcare Solutions, Inc. (collectively, “Defendants”).

As explained by the district court, the asserted claims are method claims directed to providing users with a secure and private way to collect, access, and manage drug prescriptions online. Independent claim 1 recites a “means for scheduling one or more prescription refills concerning a drug prescription” limitation. Claims 2 and 3 depend on claim 1 and therefore incorporate this “means for scheduling” limitation by reference.
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Phoenix Modular Elevator, Inc. (“Phoenix”) filed a complaint for patent infringement against T.L. Shield & Associates, Inc. (“Shield”) and Modular Elevator Manufacturing, Inc. (“MEM”). The patent at issue, United States Patent No. 6,079,520 (the “520 patent”), is entitled “Method of Retro-Fitting Elevators to Existing Buildings.” As explained by the district court, the ‘520 patent describes a method of manufacturing an elevator and installing it onto an existing, multistory building.

During the case, Phoenix learned that a smaller than expected number of potentially infringing elevators were not actually infringing. As a result, Phoenix signed a covenant not to sue and explained that it was no longer economical to litigate the case. Phoenix then filed an unopposed motion to dismiss the complaint for lack of subject matter jurisdiction.
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The plaintiff, Freed Designs, Inc. (“Freed Designs”), filed a patent infringement action defendant Sig Sauer. Robert Freed is the sole inventor of the ‘764 Patent, titled “Grip Extender For Hand Gun.” Freed is also the sole owner and President of Plaintiff Freed Designs. Plaintiff alleged that Sig Sauer makes, sells, and offers to sell magazine extenders that infringe the ‘764 Patent. Sig Sauer answered the complaint and raised an affirmative defense of lack of standing. Sig Sauer then moved to dismiss the complaint for lack of standing.

After the action was filed, Freed executed an “Assignment of the Invention and Patent Application” transferring to Free Designs his “entire right, title, and interest in and to” the ‘764 Patent. A few months later, Freed executed another assignment titled “Assignment of Rights, Title and Interest in Invention.” This second assignment was styled as a nunc pro tunc assignment, purporting to have an effective date of August 16, 2005 (the issue date of the ‘764 Patent).
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In this patent infringement action, Plaintiffs’ filed a motion for a standard protective order to prevent the defendant from sharing confidential information. The district court denied the motion because the motion was not in the form of a joint stipulated as required by the local rules.
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Plaintiff Kaneka Corporation (“Plaintiff”) filed a patent infringement against SKC Kolon PI, Inc. (“SKPI” or “Defendant”) and SKC, Inc. (“SKC America”). After the district court issued a scheduling order setting, among other things, a final day to amend pleadings, the Plaintiff moved for leave to amend its first amended complaint on the final day and the district court granted leave to amend, permitting the Plaintiff to file a second amended complaint. The parties subsequently filed cross motions for summary judgment.

While the summary judgment motions were pending, Plaintiff filed another motion for leave to amend the operative complaint. Although Plaintiff’s first amended complaint stated claims of direct infringement against Defendant SKPI, the second amended complaint omitted those claims. In its motion for leave, Plaintiff contended it inadvertently deleted those claims and moved for leave to amend to reinsert them.
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Juno Lighting, LLC (“Juno”) filed a complaint against Nora Lighting, Inc. (“Nora”) on February 11, 2013. The complaint alleged that Nora infringed Juno’s patent, No. 5,505,419 (“‘419 Patent”), entitled Bar Hanger for a Recessed Light Fixture Assembly. Nora filed a counterclaim on May 28, 2013.

After the case was stayed pending a reexamination of the patent by the Patent Office and a summary judgment motion for literal infringement was granted in favor of Juno, Nora filed a motion to dismiss for lack of standing.
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In this patent infringement action between MAG Aerospace Industries, Inc. (“MAG”) and B/E Aerospace, Inc. (“B/E”), MAG filed an ex parte motion as a result of conduct during a deposition. The court began its analysis of the motion by reminding the parties that “[a] deposition is a judicial proceeding that should be conducted with the solemnity and decorum befitting its importance. Lawyers participating in depositions should comport themselves in a professional and dignified manner.”

The court went on to state that “[w]hen lawyers behave otherwise, it reflects poorly on the entire judicial process. The purpose of a deposition is for a witness to provide testimony under oath. The testimony may or may not be admissible at trial; nonetheless, the opposing party is entitled to ascertain the witness’s knowledge, as imperfect and imprecise as that knowledge may be.”
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