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After a jury returned a verdict against Apple, Apple filed a motion for judgment as a matter of law or a new trial. The district court subsequently notified the parties pursuant to Rule 59(d) that it was considering granting a motion for a new trial for a reason not stated in Apple’s original motion.

During the trial and apparently at Apple’s request, the district court instructed the jury on the entire market value rule. Smartflash had argued that it did not employ the entire market value rule at trial and instead employed an apportionment analysis.
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The district court had previously granted Defendant Respironics, Inc.’s
(“Respironics”) unopposed motion to stay the patent infringement action filed by the plaintiff, Zoll, pending an inter partes review (“IPR”) of the patent-in-suit, on which the Patent and Trademark Office (“PTO”) had instituted review. When Respironics filed the motion to stay, it had assured the district court that the length of the stay would not exceed 18 months. Based on this representation, Zoll withdrew its prior opposition to the requested stay and, based largely on the lack of opposition, the district court granted the stay.

After the completion of the IPR proceeding, the PTO confirmed the patentability of Zoll’s patent claims. As explained by the district court, “Zoll now wishes to proceed with the litigation it filed more than 2 1/2 years ago, on December 27, 2012. Oddly, however, and in tension with its prior representations that it was only seeking a stay pending IPR, and that such a stay would not exceed 18 months, Respironics opposes lifting the stay.”
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Verify Smart Corp. (“Verify”) filed a patent infringement action against Bank of America, N.A. (“BoA”), alleging infringement of United States Patent No. 8,285,648 (“the ‘648 Patent”). As part of its complaint, Verify claimed to have all substantial rights through an exclusive license. BoA filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1), contending that Verify lacked standing.
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Plaintiff ACQIS, LLC (“ACQIS”) filed a patent infringement action in the Eastern District of Texas alleging that Defendant EMC Corporation (“EMC”) had infringed claims in 11 patents owned by ACQIS. Specifically, ACQIS alleged that 20 EMC computer storage products infringe 22 claims from these 11 patents, including EMC products for modular computer systems.

After the Eastern District of Texas transferred the case, EMC moved to stay the case pending Inter Partes Review (“IPR”). The United States Patent and Trademark Office (“PTO”) has instituted IPRs for 2 of the 11 patents-in-suit, involving 3 of the 22 claims asserted against EMC.
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Plaintiff West View Research (“West View”) filed five separate patent infringement complaints on the same date against various automobile manufacturers. Each action asserted a combination of patents, all from the same patent family, for a total of eleven asserted patents. The district ourt consolidated the five for purposes of discovery and claim construction.

As part of the Case Management Order, the district court ordered West View to identify no more than seven claims from each patent to assert against the Defendants. For each asserted claim, the district court ordered West View to provide preliminary infringement contentions.
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The parties filed opposing motions against each side’s expert witness over a dispute between the parties as to what the word “use” means. In its Markman order, the district court had construed the term “Internet Protocol network” (“an Internet Protocol network,” “network utilizing at least one Internet Protocol,” and “a network utilizing at least one Internet Protocol”) to mean “an untrusted network using any protocol of the Internet Protocol Suite including at least one of IP, TCP/IP, UDP/IP, HTTP, and HTTP/IP. . . .”
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Defendants LG Electronics Inc. and LG Electronics U.S.A., Inc. (collectively, “LG”) filed a motion to clarify the district court’s order transferring the case to the district of New Jersey, seeking a ruling that the court’s deadlines were suspended in view of the transfer order. The district court had granted LG’s motion to transfer on § 1404(a) convenience grounds.

Prior to the transfer order, the district court had entered a scheduling order that set a number of deadlines through trial, including a deadline for LG’s Responsive Claim Construction brief. LG’s motion asked the court to find that the transfer order suspended all pending deadlines.
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In this patent infringement action, Meyer Products LLC (“Meyer Products” or “defendant”) filed a motion to stay the case pending an inter partes review. After the motion was filed, the court set a briefing schedule. As part of its standard operating procedure, the court entered a temporary stay of the proceeding until defendant’s motion could be decided on the merits.

In the middle of the briefing schedule and before plaintiff’s opposition to the motion for stay was due to be filed, plaintiff filed an “emergency” motion to lift the temporary stay.
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Defendants filed an emergency motion to stay the case pending an appeal of the PTAB’s decision that invalidated all of the asserted claims in the patent-in-suit. Earlier in this case, Defendants had petitioned for inter partes review (“IPR”) of all of the claims at issue in the patent. The PTAB granted review, and the Defendants subsequently moved for a stay pending completion of the IPR.

Although the court acknowledged that the IPR process had the potential to simplify issues for trial, the court determined “that a stay was not justified because the parties had made significant progress toward trial and a stay would deny the Plaintiff an expeditious resolution of its patent rights.” As a result, the litigation and the IPR proceeded concurrently.
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The plaintiff CRFD Research, Inc. (“CRFD”) filed a patent infringement action defendants Dish Network Corporation, Dish DBS Corporation, Dish Network L.L.C., Echostar Corporation, and Echostar Technologies L.L.C. (collectively, “Dish Network”). CRFD also filed separate actions against defendants Hulu, LLC (“Hulu”), Netflix, Inc. (“Netflix”), and Spotify USA Inc. (“Spotify”). CRFD alleges that each of the above-captioned defendants infringe U.S. Patent No. 7,191,233 (“the ‘233 Patent”).

Certain of the defendants, Hulu, Netflix, and Spotify, filed a petition for inter partes review (“IPR”) of the ‘233 Patent with the Patent Trial and Appeal Board (“PTAB”). Those same defendants then filed a motion to stay the proceeding pending the review by the PTAB, even though the PTAB had not yet accepted the petition for hearing. Dish Network then filed a separate petition for IPR and also filed a motion to join the other defendants’ Joint Motion to Stay.
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