Exceptional Case/Willfulness : Delaware Patent Litigation Report

Summary judgment rulings issue in cable case

Posted on August 31, 2010 by Amy A. Quinlan

Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63a-SLR, August 24, 2010.

Robinson, J. Plaintiff’s motion for summary judgment of no invalidity for anticipation is granted as to one patent and denied as to the remaining patents. Plaintiff’s infringement motion is granted in part. Defendant’s motion for summary judgment of invalidity for anticipation and obviousness is granted with respect to one patent and denied as to others. Defendant’s motion for noninfringement is granted in part and denied in part. Defendant’s motion for failure to mark is granted with respect to 6 patents and denied as to a seventh patent. Defendant’s motion for summary judgment of no willful infringement is denied without prejudice to renew.

Tags: Exceptional Case/Willfulness, Infringement, Invalidity, Marking, Obviousness, Robinson, Summary Judgment

Indirect infringement claims are dismissed with leave to amend

Posted on August 24, 2010 by Amy A. Quinlan

Xpoint Technologies, Inc. v. Microsoft Corporation, et al., Civ. No.09-628-SLR, August 12, 2010.

Robinson, J. Defendants’ motion to dismiss for failure to state a claim are granted in part and denied in part. The indirect infringement claims are dismissed, but the direct infringement claims survive. The motion to dismiss willfulness claim for lack of detail was denied.

Tags: Dismissal, Exceptional Case/Willfulness, Infringement, Robinson

Willful infringement is found under Seagate analysis

Posted on July 23, 2010 by Amy A. Quinlan

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C. A. No.04-1371-JJF, July 22, 2010.

Farnan, J. After trial, the court finds defendant willfully infringed plaintiff’s patents.

Tags: Exceptional Case/Willfulness, Farnan, Infringement, Invalidity

Court enters default judgment but defers ruling on damages

Posted on July 22, 2010 by Amy A. Quinlan

Tristrata Technology, Inc. v. Medical Skin Therapy Reserch, Inc., et al., Civil Action No.06-644-JJF, July 20, 2010.

Farnan, J. Plaintiff’s motion to compel Defendant’s responses to document requests is denied as moot. Plaintiff’s motion for a default judgment is granted.

Tags: Damages, Default Judgment, Exceptional Case/Willfulness, Farnan

Attorneys' fees in absence of willful conduct are not awarded

Posted on July 15, 2010 by Amy A. Quinlan

LG Display Co., LTD. v. AU Optronics Corporation, et al., Civil Action No.06-726-JJF and 07-357-JJF July 8, 2010.

Farnan, J. The Court awards damages against plaintiff for infringement together with prejudgment interest. Defendant’s request for attorneys’ fees is denied.

Tags: Attorneys' Fees/Costs/Interest, Damages, Exceptional Case/Willfulness, Farnan, Interest, Prejudgment Interest

Generic drug found to infringe

Posted on July 12, 2010 by Amy A. Quinlan

In Re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949-JJF, June 29, 2010.

Farnan, J. The Court concludes that Apotex may be held liable for infringement as a submitter of an ANDA. Defendants' Motion To Dismiss AstraZeneca Pharmaceuticals LP For Lack of Standing is granted. Judgment will be entered in favor of Plaintiffs and against Defendants on the issues of invalidity and unenforceability of the patent-in-suit.

Tags: Exceptional Case/Willfulness, Farnan, Infringement, Invalidity, Real Party in Interest/Standing/Agency, Reexamination/Reissue/Interference

Defendant's summary judgment motion for non-infringement is granted

Posted on July 6, 2010 by Amy A. Quinlan

Innovative Patents, L.L.C. and Forcefield, LLC v. Brain-Pad, Inc., C.A. No. 07-680-MPT, June 29, 2010.

Thynge, M. J. Plaintiffs' motion for summary judgment of infringement is denied, and defendant's motion for summary judgment of non infringement is granted

Tags: Estoppel, Exceptional Case/Willfulness, Infringement, Summary Judgment, Thynge

Court rules patent claims are not obvious after ANDA trial

Posted on May 26, 2010 by Amy A. Quinlan

In Re: Alfuzosin Hydrochloride Patent Litigation, MDL Docket No. 08-md-1941-GMS, May 14, 2010.

Sleet, C. J. After trial the court finds in favor of the patentee that: (1) the '491 patent is not invalid; and (2) an award for attorneys' fees and costs is not warranted in this case.

Tags: Exceptional Case/Willfulness, Invalidity, Obviousness, Sleet

All but two of the Magistrate's rulings are adopted on appeal

Posted on May 25, 2010 by Amy A. Quinlan

McKesson Automation, Inc. v. Swisslog Italia S.P.A. and Translogic Corporation, Civ. No.06-028-SLR, May 18, 2010.

Robinson, J. The Court adopts the Magistrate’s recommendations in part and overrules in part as follows:
(1) denies defendant’s motion to dismiss
for lack of standing and grants plaintiff’s motion for summary judgment on defendant’s lack of standing defense;
(2) denies defendant’s noninfringement motion;
(3) grants plaintiff’s motion re: no inequitable conduct;
(4) grants plaintiff’s motion re: validity and denies defendant’s invalidity motion;
(5) denies defendant’s motion re: no willfulness;
(6) denies plaintiff’s motion re: no patent misuse;
(7) grants plaintiff’s motion re: no unclean hands, waiver, laches and equitable estoppel and denies defendant’s re laches and estoppel;
(8) grants in part defendant’s motion re: failure to mark.

The court also adopts in part and overrules in part the recommended claim constructions, and denies defendant’s motion to reconsider the denial of its motion to exclude certain expert testimony.

Tags: Appeal of Magistrate Ruling, Claim Construction, Damages, Daubert/Experts, Equitable Defenses and Remedies, Evidence, Exceptional Case/Willfulness, Infringement, Invalidity, Real Party in Interest/Standing/Agency, Robinson, Summary Judgment

Court rules on evidentiary issues relating to willfulness and damages

Posted on February 4, 2010 by Amy A. Quinlan

Cordis Corporation v. Boston Scientific Corporation, et al., Civ. No.03-27-SLR, January 28, 2010.

Robinson, J. The court rules on several pretrial evidentiary issues.

Tags: Damages, Evidence, Exceptional Case/Willfulness, Robinson

Magistrate recommends denial of defendant's motion to dismiss -- again.

Posted on November 16, 2009 by Morris James Delaware

McKesson Automation, Inc. v. Swisslog Holding AG, et al., Civ. No. 06-28-LPS, October 30, 2009.

The Magistrate recommends denial of defendant’s motion to dismiss. Disputed terms are construed following a Markman Hearing. In addition recommendations are made on several competing motions for summary judgment. Finally, the parties’ competing motions to preclude expert testimony are denied.

Tags: Case Summaries, Claim Construction, Discovery, Dismissal, Equitable Defenses and Remedies, Estoppel/res judicata, Exceptional Case/Willfulness, Infringement, Invalidity, Motion to Strike/Preclude, Patent misuse, Real Party in Interest/Standing/Agency, Robinson, Summary Judgment

Damages and willfulness are bifurcated for discovery and trial

Posted on September 1, 2009 by Amy A. Quinlan

The Dutch Branch of Streamserve Development AB v. Exstream Software, LLC and Hewlett-Packard Co., Civ. No. 08-343-SLR, August 26, 2009.

Robinson, J. The Court determines that bifurcation of damages and willfulness for both discovery and trial is appropriate over plaintiff’s challenge.

Tags: Bifurcation/Phasing/Consolidation, Damages, Equitable Defenses and Remedies, Exceptional Case/Willfulness, Robinson

Bifurcation of damages is warranted in all but exceptional cases

Posted on September 1, 2009 by Amy A. Quinlan

Robert Bosch LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, August 26, 2009.

Robinson, J. Defendant’s motion for bifurcation is granted.

Tags: Bifurcation/Phasing/Consolidation, Damages, Exceptional Case/Willfulness, Robinson

Permanent injunction issues and Court awards enhanced damages

Posted on August 24, 2009 by Amy A. Quinlan

Finjan Software, LTD. v. Secure Computing Corporation, C.A. No. 06-369-GMS, August 18, 2009.

Sleet, C. J. All of defendants’ post-trial motions are denied, as well as plaintiff’s renewed motion for invalidity. However, the Court grants plaintiff’s motion for a permanent injunction and grants in part plaintiff’s motion for enhanced damages and its motion to amend the judgment and for an accounting of sales.

Tags: Attorneys' Fees/Costs/Interest, Enhanced Damages, Equitable Defenses and Remedies, Exceptional Case/Willfulness, Infringement, Interest, Invalidity, JMOL/New Trial, Prejudgment Interest, Remittitur, Sleet

Lack of willfulness motion is granted; issues of fact remain as to other motions

Posted on August 7, 2009 by Amy A. Quinlan

Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06c-491-MPT, July 27, 2009.

Thynge, M.J. Defendants’ motion for summary judgment is denied as to non-infringement and is granted as to no willful infringement; defendants’ motion for summary judgment regarding lack of written description is denied; plaintiff’s motion to strike materials produced after the close of discovery and inadmissible hearsay is granted in part, denied in part, and moot in part; defendants’ motion for summary judgment of invalidity is denied; and plaintiff’s motion for leave to file sur-reply regarding defendants’ invalidity motion is moot.

Tags: Evidence, Exceptional Case/Willfulness, In Limine, Invalidity, Summary Judgment, Thynge

Amendment to allege willfulness is allowed

Posted on August 6, 2009 by Amy A. Quinlan

St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electronic Industrial Co., LTD., et al., Civil Action No. 04-1436-JJF-LPS, July 28, 2009.

Farnan, J. Court overrules Nokia’s objections to Magistrate Stark’s Memorandum Opinion granting plaintiff leave to file a second amended complaint.

Tags: Amendment of Pleadings, Appeal of Magistrate Report and Recommendation, Exceptional Case/Willfulness, Farnan

Leave to amend Complaint and Answer is granted

Posted on June 16, 2009 by Amy A. Quinlan

St. Clair Intellectual Property Consultants, Inc. v. Research In Motion LTD., et al., Civil Action No. 08-371-JJF-LPS, June 10 , 2009.

Stark, M. J. Plaintiff’s unopposed Motion for Leave to File a First Amended Complaint and Defendant’s contested Motion for Leave to File Amended Answer and Counterclaims are granted.

Tags: Amendment of Pleadings, Exceptional Case/Willfulness, Stark

Plaintiff's fees and costs application is reduced from $981,000 to $500,000

Posted on June 15, 2009 by Amy A. Quinlan

Trueposition Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, June 10 , 2009.

Robinson, J. Plaintiff’s application for costs to compensate for the consequences of post-verdict shipments of infringing product is reduced from $981,000 to $500,000.

Tags: Attorneys' Fees/Costs/Interest, Exceptional Case/Willfulness, Robinson

Timely request to amend to allege willful infringement is granted

Posted on June 15, 2009 by Amy A. Quinlan

St. Clair Intellectual Property Consultants, Inc. v. Palm, Inc., et al., Civil Action No. 06-404-JJF-LPS, June 10 , 2009.

Stark, M. J. Plaintiff’s Motion for Leave to File a Third Amended Complaint is granted.

Tags: Amendment of Pleadings, Exceptional Case/Willfulness, Reexamination/Reissue, Stark

Timely request to amend to allege willful infringement is granted

Posted on June 15, 2009 by Amy A. Quinlan

St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electrical Industrial Co. LTD., et al., Civil Action No. 04-1436-JJF-LPS, June 10 , 2009.

Stark, M. J. Plaintiff’s Motion for Leave to File a Second Amended Complaint is granted.

Tags: Amendment of Pleadings, Exceptional Case/Willfulness, Stark

Post-verdict shipments lead to punitive damages and exceptional case finding

Posted on May 8, 2009 by Amy A. Quinlan

Trueposition Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, April 30, 2009.

Robinson, J. Plaintiff’s motion for an accounting and entry of final judgment is granted. Plaintiff’s 60(b) motion for relief is granted. Defendant is required to remit additional infringement damages, pre- and post-judgment interest and punitive damages and fees and costs associated with these motions.

Tags: Attorneys' Fees/Costs/Interest, Damages, Exceptional Case/Willfulness, Infringement, Robinson

Bid for defense fees fails in suit dropped after Markman hearing

Posted on April 3, 2009 by Amy A. Quinlan

Parker-Hannifin Corporation, et al. v. Seiren Co., Ltd., Civil Action No. 07-104-MPT, March 31, 2009.

Thynge, M.J. Defendant’s motion for attorney’s fees and expenses based on bad faith claim and its request for additional discovery is denied.

Tags: Attorneys' Fees/Costs/Interest, Discovery, Exceptional Case/Willfulness, Thynge, Waiver

Motion to dismiss for insufficient pleading is denied

Posted on February 24, 2009 by Amy A. Quinlan

S.O.I. TEC Silicon On Insulator Technologies, S.A., et al. v. MEMC Electronic Materials, Inc., Civ. No. 08-292-SLR, February 20, 2009.

Robinson, J. Defendant’s motion to dismiss, or alternatively for a more definite statement, is denied.

Tags: Dismissal, Exceptional Case/Willfulness, Robinson

Patents-in-suit declared unenforceable due to spoliation of evidence and defendant's bad faith litigation conduct

Posted on February 4, 2009 by Amy A. Quinlan

Micron Technology, Inc. v. Rambus Inc., Civ. No. 00-792-SLR, January 9, 2009.

Robinson, J. Court declares patents-in-suit unenforceable following bench trial on issues of alleged spoliation of evidence and unclean hands by defendant.

Tags: Discovery, Exceptional Case/Willfulness, Robinson, Sanctions, Spoliation

Jury verdict for willful infringement is upheld without enhanced damages

Posted on January 7, 2009 by Amy A. Quinlan

Telcordia Technologies, Inc. v. Cisco Systems, Inc., C.A. No. 04-876-GMS, January 6, 2009.

Sleet, C.J. Defendant’s JMOL motion and motion for a new trial on willful infringement are denied; plaintiff’s motion for a permanent injunction is denied. Parties are ordered to meet and confer on royalty rate going forward; plaintiff’s request for prejudgment interest and an accounting is granted but request for enhanced damages and attorney fees and expenses is denied.

Tags: Attorneys' Fees/Costs/Interest, Enhanced Damages, Equitable Defenses and Remedies, Exceptional Case/Willfulness, Infringement, Invalidity, Inventor Issues, JMOL/New Trial, Jury Issues/Instructions, Sleet

Court orders retrial on willfulness in light of Seagate

Posted on December 16, 2008 by Amy A. Quinlan

Power Integrations, Inc. v. Fairchild Semiconductor International,Inc. et al., Civ. No. 04-1371-JJF, December 12, 2008.

Farnan, J. Defendant's motion for a new trial on all issues in light of Seagate is granted to the extent it seeks a new trial on willfulness and denied to the extent it seeks a new trial on all issues.

Tags: Bifurcation/Phasing/Consolidation, Exceptional Case/Willfulness, Farnan, Infringement, Invalidity, JMOL/New Trial, Jury Issues/Instructions

Willful infringement claim falls on summary judgment

Posted on November 14, 2008 by Amy A. Quinlan

Honeywell International, Inc., et al. v. Universal Avionics Systems Corp., et al., C.A. No. 02-359-MPT, November 12, 2008.

Thynge, M.J. Defendant’s motion for summary judgment regarding no willful infringement is granted.

Tags: Exceptional Case/Willfulness, Infringement, Summary Judgment, Thynge

Motion to strike willfulness claim is granted; exceptional case claim is preserved

Posted on October 8, 2008 by Amy A. Quinlan

Sepracor Inc. v. Dey, L.P. and Dey, Inc., et al., C.A. No. 06-113-JJF, September 26, 2008.

Farnan, J. Court grants defendants’ motion to strike plaintiff’s willfulness allegations but preserves plaintiff’s exceptional case claim.

Tags: Exceptional Case/Willfulness, Farnan, Motion to Strike/Preclude

Reconsideration granted; Magistrate recommends finding of standing.

Posted on September 29, 2008 by Amy A. Quinlan

McKesson Automation, Inc. v. Swisslog Holding AG, et al., C.A. No. 06-28-SLR-LPS, August 29, 2008.

Stark, M.J. Following submission of additional documentation, the Court grants plaintiff’s motion to reconsider its earlier recommendation of dismissal for lack of standing. Motions by both sides to amend pleadings are granted. Defendants’ motion to dismiss willfulness claim in light of Seagate is denied.

Tags: Amendment of Pleadings, Antitrust, Dismissal, Exceptional Case/Willfulness, Infringement, Real Party in Interest/Standing/Agency, Reconsideration/Reargument, Stark

Damages remitted and enhanced 25% for willfulness; JMOL defenses waived

Posted on August 6, 2008 by Amy A. Quinlan

TruePosition Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, July 31, 2008.

Robinson, J. Defendant’s motion for JMOL or a new trial is denied. Damages awarded by jury of $45.3 million are remitted to $18.6 million. Plaintiff’s motion for enhanced damages due to willful infringement is granted in part. Damages are enhanced by 25% to $23,250,000. Plaintiff’s motion for attorneys’ fees is denied. Plaintiff’s motion for a permanent injunction is granted. Prejudgment interest on $18.6 million is awarded, compounded quarterly at the prime rate. Post-judgment interest on $18.6 million from 9/19/07 (the date of judgment) is awarded at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding.

Tags: Damages, Equitable Defenses and Remedies, Estoppel/res judicata, Exceptional Case/Willfulness, Infringement, JMOL/New Trial, Robinson, Sanctions

Court issues contempt order against defendant for failure to abide by injunction

Posted on May 22, 2008 by Amy A. Quinlan

Fisher-Price, Inc. v. Safety 1st, Inc., et al., C.A. No. 01-051 GMS (May 5, 2008).

Sleet, C.J. Plaintiff’s motion for contempt of Court is granted in part; its post-trial motions for entry of final judgment, enhanced damages, attorneys fees and prejudgment interest are granted in part. Defendants’ motions for JMOL or a new trial as to willfulness and damages are denied

Tags: Attorneys' Fees/Costs/Interest, Exceptional Case/Willfulness, Infringement, JMOL/New Trial, Sanctions, Sleet

Attorneys' fees awarded in exceptional case

Posted on April 3, 2008 by Amy A. Quinlan

Microstrategy Incorporated v. Crystal Decisions, Inc., C.A. No. 03-1124-MPT, March 25, 2008.

Thynge, M.J. The Magistrate granted defendant’s motion to rule that this was an “exceptional case” and granted in part its motion for costs and attorneys’ fees.

Tags: Attorneys' Fees/Costs/Interest, Exceptional Case/Willfulness, Thynge

Court denies attorney fees in patent infringement case

Posted on February 29, 2008 by Amy A. Quinlan

Forest Laboratories, Inc., et al., v. IVAX Pharmaceuticals, Inc., et al., C.A. No. 03-891-JJF, February 26, 2008.

Farnan, J. Following a bench trial ruling in favor of plaintiffs’ claims of infringement, the Court denies plaintiffs’ request for attorney fees finding that defendants’ conduct, while sometimes questionable, did not rise to the “exceptional” level.

Tags: Attorneys' Fees/Costs/Interest, Exceptional Case/Willfulness, Summary Judgment

Court makes evidentiary rulings; willfulness and damages are bifurcated

Posted on December 20, 2007 by Amy A. Quinlan

Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 30, 2007.

Robinson, J. The court makes evidentiary rulings on issues raised at the pretrial conference.

Tags: Bifurcation/Phasing/Consolidation, Damages, Exceptional Case/Willfulness, In Limine, Robinson

Defendant is enjoined from marketing its DHA products

Posted on December 5, 2007 by Amy A. Quinlan

Martek Biosciences Corporation v. Nutrinova Inc., et al., C.A. No. 03-896-GMS, October 30, 2007.

Sleet, C.J. The court denies defendant’s motions for JMOL of noninfringement of one patent and invalidity of a second patent . It granted in part JMOL of invalidity of a third patent. It further grants plaintiff’s motion for JMOL of infringement of the first patent and for a permanent injunction.

Tags: Daubert/Experts, Equitable Defenses and Remedies, Estoppel/res judicata, Exceptional Case/Willfulness, Infringement, Invalidity, JMOL/New Trial, Waiver

Failure to mark results in dismissal; laches evidence to be presented to jury

Posted on August 9, 2007 by Amy A. Quinlan

Crown Packaging Technology, Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, July 24, 2007.

Thynge, M.J. Plaintiffs’ motion to dismiss counterclaim based on failure to mark is granted. Plaintiffs’ motion to dismiss counterclaims based on laches is denied. Evidence of laches is relevant to willfulness and can be presented to the jury. A portion of the trial may be allocated to make a record for the Court on laches if there is additional evidence to be presented on laches.

Tags: Bifurcation/Phasing/Consolidation, Damages, Dismissal, Equitable Defenses and Remedies, Exceptional Case/Willfulness

Preliminary injunction denied where plaintiff failed to establish likelihood of success on the merits and irreparable harm

Posted on May 17, 2007 by Amy A. Quinlan

Digene Corporation v. Ventana Medical Systems, et al., No. 01-752-MPT, May 9, 2007.

Thygne, J. Court denied preliminary injunction against defendant asserting a license defense notwithstanding decision by an arbitration panel that the assignment between co-defendants of rights violated terms of a cross licensing agreement.

Tags: Equitable Defenses and Remedies, Exceptional Case/Willfulness

Willfulness claim was summarily dismissed in an ANDA case; decision on exceptional case was reserved

Posted on April 10, 2007 by Amy A. Quinlan

Forest Labs., Inc. et al. v. IVAX Pharmaceuticals, Inc. et al., ,No. 03-891-JJF, Mar. 15, 2007.

Farnan, J. Defendants' motion for summary judgment of no willful infringement was granted. The Court reserved decision as to whether summary disposition of the exceptional case issue was appropriate. Continue Reading...

Tags: Attorneys' Fees/Costs/Interest, Damages, Exceptional Case/Willfulness

JMOL and new trial were denied as the court awarded enhanced damages

Posted on March 13, 2007 by Amy A. Quinlan

IMX, Inc. v. LendingTree, LLC, No. 03-1067-SLR, Jan. 10, 2007.

Robinson, J. Defendant’s motion for JMOL and new trial was denied. Plaintiff’s motion for enhanced damages was granted. Plaintiff’s motion for a permanent injunction was denied with leave to supplement briefing.

Tags: Attorneys' Fees/Costs/Interest, Damages, Equitable Defenses and Remedies, Exceptional Case/Willfulness, Infringement, Invalidity, JMOL/New Trial

Privilege not waived in asserting advice of counsel defense where documents were not disclosed to accused infringer

Posted on January 18, 2007 by Amy A. Quinlan

Affinion Net Patents, Inc. v. Maritz, Inc., No. 04-360-JJF, July 28, 2006.

Farnan, J. Patentee’s motion to compel two claims charts where privilege was waived due to advice-of-counsel defense was denied.

Tags: Discovery, Exceptional Case/Willfulness, Waiver

Wavier of privilege as a result of advice of counsel defense does not extend to all communications with trial counsel

Posted on January 18, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co., et al., No. 04-1373-KAJ, July 17, 2006.

Jordan, J. Plaintiff’s motion to compel production of privileged documents denied.

Tags: Discovery, Exceptional Case/Willfulness, Waiver

ANDA filing held not to support claim of willful infringement

Posted on January 18, 2007 by Amy A. Quinlan

Boehringer Ingelheim Int’l GMBH et al, v. Barr Laboratories, Inc. et al., No. 05-700-KAJ, July 6, 2006.

Jordan, J. Defendants’ motion for reconsideration of prior ruling denying motion to strike willfulness allegations is granted and exceptional case discovery is stayed.

Continue Reading...

Tags: Exceptional Case/Willfulness, Infringement, Motion to Strike/Preclude, Reconsideration/Reargument, Stay

Universal remote controls found to infringe

Posted on January 12, 2007 by Amy A. Quinlan

Philips Electronics N. Am. Corp. et al. v. Contec Corp. et al., No. 02-123-KAJ, Jan. 9, 2006.

Jordan, J. Motion for summary judgment on liability of indirect infringement was granted; motion for summary judgment of inducement of infringement was denied as moot. A direct infringement claim was dismissed at the consent of the patentee. Defendants’ motion for summary judgment of noninfringement and failure to provide damages, as well as Plaintiff’s motion for fees and costs, were denied.

Tags: Attorneys' Fees/Costs/Interest, Damages, Exceptional Case/Willfulness, Infringement, Jordan, Summary Judgment

No adverse inference of infringement where opinion of counsel addressed only invalidity

Posted on January 11, 2007 by Amy A. Quinlan

IMX, Inc. v. Lendingtree, LLC, No. 03-1067-SLR; Jan. 6, 2006.

Robinson, J: Pretrial conference request to limit plaintiff from arguing inference based upon the opinion of counsel, which addressed invalidity but not infringement was granted.

The Federal Circuit made it clear in Knorr-Bremse that no adverse inference flows from the failure to obtain an exculpatory opinion of counsel. However, evidence that the opinion of counsel addressed invalidity but not infringement may be considered by the trier of fact in assessing willful infringement taking into account the totality of the circumstances. No inference may be drawn to suggest that such an opinion, had it been acquired, would have been unfavorable to defendant.

Tags: Exceptional Case/Willfulness, Robinson