429 results for 'nos:"Patent - Property Rights"'.
J. Gilstrap rules in favor of the plaintiff company in finding it is not liable for breach of Fair, Reasonable, and Non-Discriminatory licensing (FRAND) obligations as to the patents-in-suit based on the prior patent owner's conduct. The applicable French law does not "allow imputation of a prior patent owner’s conduct to a subsequent owner when determining if the subsequent owner has breached the FRAND commitment regarding standard essential patents." Though, the defendant company may present evidence of such conduct by the prior patent owner to defend against the willful infringement allegations.
Court: USDC Eastern District of Texas , Judge: Gilstrap, Filed On: January 8, 2024, Case #: 2:22cv78, NOS: Patent - Property Rights, Categories: Civil Procedure, International Law, Patent
J. Ericksen issues decisions on ten motions in limine in the patent claimant's suit alleging that competitors infringed on four patents related to artificial trees. One of the claimant's motions in limine is granted outright, and the competitors are precluded from presenting evidence or arguments regarding prior lawsuits. Two more are granted in part: the competitors may reference the existence and invalid status of eight underlying, unasserted independent claims, but should avoid discussing the proceedings that led to their dismissal and focus on how their invalidity impacts the obviousness analysis for remaining dependent claims, and while they may not introduce evidence specifically aimed at establishing inequitable conduct they may reference undisclosed prior art. They may also introduce evidence and testimony regarding their beliefs and independent investigation into infringement and validity issues, along with sales data for unaccused products. Four of the competitors' motions, meanwhile are denied, while one is partially granted. Deposition transcripts from those earlier proceedings are excluded, as are live testimony from a third-party witness and a license agreement which was disclosed several months after its execution. The competitor's motions are otherwise denied.
Court: USDC Minnesota, Judge: Ericksen, Filed On: January 5, 2024, Case #: 0:15cv3443, NOS: Patent - Property Rights, Categories: Patent, Discovery
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J. Maze grants a bee company’s motion to dismiss counterclaims for falsely marking carpenter bee traps brought by a patent holder. The patent holder alleges the company’s selling carpenter bee traps on Amazon that infringes on his patent. The court finds the patent holder’s counterclaim fails to state a claim and is dismissed. The patent holder’s motion for leave to amend his false marking claim and motion for partial summary judgment are denied. The motion for leave to refile may be filed at the close of discovery.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 3, 2024, Case #: 1:22cv1623, NOS: Patent - Property Rights, Categories: Patent, Discovery, False Advertising
J. Rochon partially grants the Amazon sellers' motion to dismiss copyright claims stemming from their sale of products that infringe on the company's patented design for an outdoor hanging exercise product. Several sellers did not literally infringe on the company's patent and were wrongfully enjoined from selling their competing product on Amazon and are entitled to recover a combined $18,000 in lost profits.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: January 2, 2024, Case #: 1:23cv2605, NOS: Patent - Property Rights, Categories: Copyright
J. Albright denies a tech company’s motion to transfer this patent case to the District of Idaho after it was sued by a competitor for allegedly infringing on a patent for “variable charge pump circuit with dynamic load.” The District of Idaho is not clearly more convenient, but the parties can transfer this case to the Austin venue, as both agree that venue would be better than the Waco one it’s in.
Court: USDC Western District of Texas , Judge: Albright, Filed On: January 2, 2024, Case #: 6:22cv855, NOS: Patent - Property Rights, Categories: Patent, Venue, Technology
J. Gorton denies an artificial intelligence company and two former employees of an actuarial and consulting firm’s motion to file an amended answer and counterclaims after the actuarial and consulting firm sued them for misappropriation of trade secrets and patent infringement. The deadline for amendments is not going to be extended based on information found during discovery because the AI company and the former employees deferred discovery.
Court: USDC Massachusetts, Judge: Gorton, Filed On: December 22, 2023, Case #: 1:21cv10865, NOS: Patent - Property Rights, Categories: Patent, Trade Secrets, Discovery
J. Whitney denies a nails business’s motion to stay litigation following allegations of patent infringement brought by a pedicure spa chair company. The company claims the nails business contributed to patent infringement when it purchased a particular chair model from a third party in Texas, which it sued five months previous to the current suit for similar reasons. The nails business agreed to be bound by the final outcome of the Texas case, not “any outcome,” as it argues here. Because the Texas case has not resolved and to the similarity of the cases, it is inappropriate to grant a stay.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:23cv533, NOS: Patent - Property Rights, Categories: Corporations, Patent, Business Practices
J. Saylor partly grants a major technology company’s motion to exclude the expert testimony of a smaller technology company suing it for willful patent infringement. The smaller company’s technical expert is not qualified to claim that the larger company’s product’s commercial success is directly or largely due to its allegedly patent-infringing features.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 20, 2023, Case #: 1:19cv12551, NOS: Patent - Property Rights, Categories: Patent, Experts, Technology
J. Cogburn orders multiple claim constructions in a patent infringement suit brought by a secure payments provider against a similar company. The provider claims that the company is illegally using particular patented technologies in its telephone processing system used to take customer payments without exposing the customers’ financial information to call center staff. The order outlines disputed terms and the suit is referred to a magistrate judge.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 19, 2023, Case #: 3:21cv486, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Bryson grants summary judgment of no direct infringement as relating to literal infringement of a liquid scent diffuser because only the cartridge, and not the lid, required replacement; also, cross-motions are resolved by finding that certain claims of the '976 and '004 patents were neither obvious nor indefinite.
Court: USDC Delaware, Judge: Bryson , Filed On: December 18, 2023, Case #: 1:20cv984, NOS: Patent - Property Rights, Categories: Patent
J. Simon grants the electronics manufacturer's motion for an ex parte temporary restraining order for its lawsuit accusing the business owner of selling models of self-balancing electric skateboards branded as "Floatwheel Adv" and "Floatwheel Adv Pro" that directly infringe on the manufacturer's patents. Without an ex parte temporary restraining order, the electronics manufacturer will suffer immediate and irreparable injury to its market share and consumer goodwill because the business owner will continue to sell the infringing products into the 2023 holiday shopping season.
Court: USDC Oregon, Judge: Simon, Filed On: December 15, 2023, Case #: 3:23cv1742, NOS: Patent - Property Rights, Categories: Patent, Restraining Order
J. Chuang grants Amazon’s motion to dismiss a self-representative company’s patent claims alleging that Ring through Amazon infringed on the company’s “Fire Protection System with Fan Shut Off, Including a Camera and a Display Unit.” The owner fails to state facts to support that it was intended to induce infringement by others. The court also dismisses without prejudice for failure to state a claim for improper venue to Ring.
Court: USDC Maryland, Judge: Chuang, Filed On: December 14, 2023, Case #: 8:22cv2319, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
J. Arguello declines to dismiss infringement claims for U.S. Patent Numbers 7,395,865 and 728, which concern oil well plunger systems, because the claims address concrete rather than abstract technology.
Court: USDC Colorado, Judge: Arguello, Filed On: December 14, 2023, Case #: 1:21cv2145, NOS: Patent - Property Rights, Categories: Patent
J. Snyder enters findings of fact and conclusions of law that an LED module manufacturer has not shown that a competitor's infringement of its patent was willful. The manufacturer showed that the competitor infringed on its “Unified Driver and Light Source Assembly For Recessed Lighting” patent, and the court previously issued a preliminary injunction enjoining the competitor from making or selling the infringing versions of its light modules. The competitor changed its design immediately after receiving the cease-and-desist letter. "Nothing in the 12-day pre-suit notice period suggests willfulness."
Court: USDC Central District of California, Judge: Snyder, Filed On: December 11, 2023, Case #: 2:18cv7090, NOS: Patent - Property Rights, Categories: Patent
J. Wu dismisses Playvuu's claims that the SnapChat app infringes on its patent. Playvuu's claimed method "for generating and sharing content is abstract because it describes using technology to automate a series of tasks by presenting information to a user and processing that information," which is patent ineligible. Playvuu has not pointed to any non-abstract features of the claimed method that would "present an avenue for a possible fact question concerning unconventionality."
Court: USDC Central District of California, Judge: Wu, Filed On: December 8, 2023, Case #: 2:22cv6019, NOS: Patent - Property Rights, Categories: Patent
J. Robart dismisses the former ironworker's complaint that the industrial machinery manufacturing company's hoisting apparatus infringes on his patent for a device "for use with a crane in positioning an object at a desired distance inside an opening of a building." The former ironworker does not state a plausible claim for relief because he points to conclusory statements in his complaints without sufficient factual allegations.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 8, 2023, Case #: 2:23cv562, NOS: Patent - Property Rights, Categories: Patent