Articles Posted in District Courts

Published on:

by

In a patent case pending before Judge Koh in the Northern District of California, Defendant Pinnaclife Inc. (“Pinnaclife”) moved pursuant to Rule 12(b)(6) to dismiss Plaintiff CreAgri, Inc. (“CreAgri”) infringement claims under Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007) and Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009). The Court denied in part and granted in part CreaGri’s motion finding that Pinnaclife’s amended complaint alleged facts sufficient to plausibly state a claim for direct infringement, but failed to meet the pleading requirements for indirect infringement.

First, the Court held that the pleading standards for direct infringement are governed by Form 18, even though the patent claims at issue were method claims:

[A] claim for direct infringement of a method patent is still a claim for direct infringement, and is therefore governed by the Form 18 pleading standard. Nothing in Form 18 suggests that its applicability is limited to device patents, nor did the Federal Circuit, in confirming that pleading requirements for direct infringement claims are governed by Form 18, suggest that this holding should be limited to device patents.

Continue reading

Published on:

by

In this patent infringement action, plaintiff Allvoice Developments US LLC (“Allvoice”) moved to amend its infringement contentions against Microsoft. Allvoice sought the amendment to incorporate changes that related to two claim constructions by the district court that differed from those asserted by Allvoice and to provide technical corrections or clarifications that would avoid confusion. Allvoice asserted there was good cause for the amendments and there be no prejudice to Microsoft. Microsoft opposed the amendment on the grounds of undue delay and unfair prejudice.

The district court began its analysis of the motion by citing to the local patent rules. “Local Patent Rule 124 allows for amendments of infringement contentions ‘only by order of the Court upon a timely showing of good cause.’ W.D. Wash. Local Patent Rule 124. Non-exhaustive examples of circumstances that may, absent undue prejudice to the non-moving party, support a finding of good cause include: (a) a claim construction by the Court different from that proposed by the party seeking amendment; (b) recent discovery of material prior art despite earlier diligent search; and (c) recent discovery of nonpublic information about the Accused Device which was not discovered, despite diligent efforts, before the service of the Infringement Contentions.”
Continue reading

Published on:

by

Klausner Technologies, Inc. (“Klausner Technologies”) filed a patent infringement action against Interactive Intelligence Group, Inc. (“Interactive Intelligence” or “IIG”). After the action was filed, Klausner Technologies assigned all of its interest in the patent-in-suit to IPVX Patent Holdings, Inc. (“IPVX”), including the rights to enforce the patent and to recover for past infringement of the patent. IPVX was incorporated only three days before the assignment. As a result of the assignment, Klausner Technologies moved to substitute IPVX for Klausner Technologies as the plaintiff and counter-defendant in the patent infringement action.

Interactive Intelligence agreed that IPVX should be joined as a plaintiff but opposed the dismissal of Klausner Technologies from the action. Interactive Intelligence asserted that because virtually all of the discovery would come from Klausner Technologies and its officers and employees, dismissing Klausner Technologies would cause added expense and delay as discovery would be needed from a third party. Klausner Technologies responded by arguing that it had agreed to provide all information regarding the patent to IPVX. Klausner Technologies also argued that it had to be dismissed because it no longer had standing to participate in the litigation as a result of the assignment of the patent.
Continue reading

Published on:

by

In the patent infringement action brought by Carnegie Mellon University (“Carnegie Mellon” or “CMU”) against Marvell Technology Group, LTD. (“Marvell’), the jury returned a verdict in favor of Carnegie Mellon in the amount of $1.17 billion, finding that Marvell had infringed two patents owned by Carnegie Mellon. The jury also found that Marvell’s infringement of the patents was willful, paving the way for the potential for enhanced damages as well as an award of attorneys’ fees. Marvell has vowed to challenge the damage award before the district court and, if necessary, the Federal Circuit.

A few days before the jury returned its verdict, Carnegie Mellon filed a motion to preclude Marvell from relying on an advice of counsel defense to defend against the charge of willful infringement. Carnegie Mellon filed a motion to strike the testimony of one of Marvell’s witnesses and also to preclude Marvell from relying on an advice of counsel defense.
Continue reading

Published on:

by

Plaintiff Suffolk Technologies, LLC (“Suffolk”) brought a patent infringement action against AOL and Google. Suffolk’s complaint alleged that “AOL and Google have infringed U.S. Patent No. 6,082,835 (135 patent) entitled “Internet Server and Method of Controlling an Internet Server.” The ‘835 patent claims a method of controlling an internet server whereby the server receives a hypertext transfer protocol file request from a web browser with an identification signal and then compares the identification signal with one or more predetermined identification signals, and based on the results of the comparison, a file may be transmitted from the server back to the requesting web browser.”

AOL and Google filed a motion to dismiss the action based on lack of standing. As explained by the district court, “[t]his patent infringement suit presents the increasingly common, but always vexing jurisdictional question whether plaintiff, the assignee of the patent in issue, possesses ”all substantial rights’ to the patent, such that it has standing to sue putative infringers.”
Continue reading

Published on:

by

In December 2010, plaintiff Multimedia Patent Trust (“MPT”) filed a complaint for patent infringement against several defendants, including Apple, LG and Canon. The complaint accused the defendants of infringing several patents pertaining to video compression technology. The district court subsequently granted Canon’s motion for summary judgment based on exhaustion. Prior to trial, the remaining defendants filed a motion to exclude MPT’s infringement expert’s analysis under the doctrine of equivalents.

After reviewing the standard for a Daubert motion to exclude expert testimony, the district court turned to the specific standard for infringement of means-plus-function claims. “A patent infringement analysis proceeds in two steps. Markman v. Westview Instruments, Inc., 52 F.3d 967, 976 (Fed. Cir. 1995), aff’d 517 U.S. 370. In the first step, the court construes the asserted claims as a matter of law. See id. In the second step, the factfinder compares the claimed invention to the accused device. Id.; see also Verizon Servs. Corp. v. Cox Fibernet Va., Inc., 602 F.3d 1325, 1340 (Fed. Cir. 2010) (“A determination of infringement is a question of fact . . . .”). “To prove literal infringement, the patentee must show that the accused device contains every limitation in the asserted claims. If even one limitation is missing or not met as claimed, there is no literal infringement.” Riles v. Shell Exploration & Prod. Co., 298 F.3d 1302, 1308 (Fed. Cir. 2002) (quoting Mas-Hamilton Group v. LaGard, Inc., 156 F.3d 1206, 1211 (Fed. Cir. 1998)).”
Continue reading

Published on:

by

With the Federal Circuit’s recent decision in Akamai Techs., Inc. v. Limelight Networks, Inc., 2012 U.S. App. LEXIS 18532 (Fed. Cir. Aug. 31, 2012), the elements for proving inducing infringement changed significantly. As a result, we can expect that a number of plaintiffs in pending patent cases will seek to amend their complaints to take advantage of the new standard. Whether amendment will be granted or not will vary depending on the stage of the case.
Continue reading

Published on:

by

Over the weekend, Apple and HTC settled all of the long running patent suits that both companies had filed against each other in multiple jurisdictions. Although few details of the settlement were released in the two sentence press release that included brief quotes from HTC and Apple, the companies did state the the they had reached a “global settlement” that included dismissal of all current lawsuits. The companies also specified that the license extends to current and future patents held by both parties for the next ten years. The remainder of the terms, including the financial terms, are confidential.

And so one of the earliest and longest patent battles over smartphones ended quietly. Although no monetary terms were disclosed, it is likely that HTC is paying a royalty to Apple in order to put an end to the litigation. The impact on HTC from the Apple lawsuits was significant, hurting both its stock price and its ability to timely ship product due to the exclusion order Apple obtained at the ITC. As a result of the settlement, HTC will now be able to focus on making and selling products instead of litigation. That can only be a positive for HTC.

But what about Apple?
Continue reading

Published on:

by

Defendants BRP US Inc. and Bombardier Recreational Products, Inc. (“Bombardier” or “BRP”) filed a motion to stay pending the inter partes reexamination of the patents-in-suit asserted by Polaris Industries, Inc. (“Polaris”). Polar manufactures recreational vehicles, including snowmobiles and Polaris obtained patents for rear suspension technology for snowmobiles. Polaris asserts the designs related to these patents improve rider comfort over rough terrain.

Bombardier is a Canadian recreational vehicle company that manufactures the “Ski-Doo” line of snowmobiles and it is also a competitor of Polaris. Bombardier introduced a rear suspension technology for snowmobiles called “rMotion.” Polaris alleged Bombardier’s suspension technology infringes the patents-in-suit. Prior to filing the patent infringement action, Polaris sent Bombardier a notice of infringement letter. As a result, Bombardier initiated an inter partes reexamination of the patents. The patent infringement action was filed one week after the reexamination. The PTO subsequently granted the request for reexamination and Bombardier moved to stay the case.
Continue reading

Published on:

by

Carnegie Mellon University (“Carnegie Mellon”) filed a patent infringement action against Marvell Technology Group, Ltd. (“Marvell”). As the parties proceeded to trial, both parties filed exhibit lists, deposition designations and objections to the exhibits and the deposition designations. In all, the parties submitted 2700 separately listed exhibits, which both parties claimed that they would or might enter at trial. The parties also listed hundreds of deposition designations and counter designations, which the parties also asserted they would or might use at trial.

The parties also submitted objections to the district court in which they objected to almost every exhibit, deposition designation and counter deposition designation. These objections were presented in a series of spreadsheets that summarized the objections. The actual exhibits or depositions were not included with the objections.
Continue reading