Patent infringement action is stayed pending ex parte reexamination

Mission Abstract Data L.L.C., d/b/a Digimedia v. Beasley Broadcast Group, Inc., et al., Civ. No. 11-176-LPS, November 14, 2011.

Stark, J.  Motion to stay is granted.

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Expert testimony was excluded in part and allowed in part in trial on damages.

Sri International Inc. v. Internet Security Systems, Inc., et al., Civ. No. 04-1199-SLR, October 31, 2011.

Robinson, J.  In limine and Daubert motions are decided with mixed results before damages trial.

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Motion to amend answer and counterclaim to add inequitable conduct is denied

SRI International Inc. v. Internet Security Systems, Inc., et al., Civ. No. 04-1199-SLR, October 4, 2011.

Robinson, J.  Motion to amend answer and counterclaim is denied.

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Patent claims are invalid due to lack of written description

Stored Value Solutions, Inc. (“n/k/a”) Ceridian Stored Value Solutions, Inc. v. Card Activiation Technologies, Inc., et al., C. A. No. 09-495-KAJ (designated), July 1, 2011.

Jordan, J. (designated)   Declaratory plaintiff’s motion on invalidity due to anticipation and obviousness is granted in part and its motion for partial summary judgment of invalidity due to lack of written description is granted.  Declaratory defendant’s motions for summary judgment of validity and motion to exclude expert testimony are denied.

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Efforts to stay pending reexam and to dismiss and strike fail

Nokia Corporation v. Apple Inc., C. A. No. 09-791-GMS, June 1, 2011.

Sleet, C.J.  Plaintiff’s motion to stay defendant’s patent claims pending reexamination before the USPTO is denied; defendant’s motion to dismiss plaintiff’s requests for declaratory judgment that it met its FRAND licensing obligations is not barred by the doctrine of judicial estoppel; and denied defendant’s motion to strike plaintiff’s defense alleging anticompetitive conduct.

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Stay granted pending reexamination

CIMA Labs Inc., et al. v. Mylan Pharmaceuticals, Inc., C. A. No. 10-625-LPS, April 18, 2011.

Stark. J.  Defendant’s motion to stay the lawsuit pending resolution of two reexamination proceedings is GRANTED.

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Motion to reinstate earlier breach of contract decision is granted

Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, January 13, 2011.

Robinson, J.  Plaintiff’s motion to vacate the dismissal of the breach of contract claim and reinstate earlier opinion is granted.

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Stay pending reexam request is granted

Enhanced Security Research LLC, et al. v. Juniper Networks Inc., C. A. No. 10-605-LPS, December 27, 2010 (Mem. Order).

Stark, J.  Defendant’s motion to stay litigation pending reexamination proceedings is granted.

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Stay pending reexamination is refused

Cooper Notification, Inc. v. Twitter, Inc., et al., Civ. No. 09-865-LPS, December 13, 2010.

Stark, J.  Defendants’ motion to stay pending reexamination is denied.

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Stay pending reexam granted, to be revisited in seven months

Vehicle IP, LLC v. Wal-Mart Stores, Inc., et al., Civ. No. 10-503-SLR, November 22, 2010 (Memorandum Order).

Robinson, J.  Defendants’ motions to stay pending reexamination are granted.

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Plaintiff's stay request is denied

Oracle Corporation and Oracle U.S.A., Inc. v. Parallel Networks, LLP, Civ. No.06-414-SLR, September 8, 2010.

Robinson, J.  Plaintiff’s motion to stay is denied.

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Court declines to include reexamination bar provision in protective order

Xerox Corporation v. Google, Inc., et al., C. A. No.10-136-JJF-MPT, September 8, 2010.

Thynge, M. J.  Plaintiff’s proposed language for inclusion in a protective order is adopted; defendant’s proposed reexamination bar provision is declined.

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Defendant's oral motion to stay made 11 days before trial is untimely

Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63-SLR, September 2, 2010.

Robinson, J.  Defendant’s oral motion to stay pending reexamination is denied.

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Summary judgment on noninfringment and invalidity is granted in part

Sigram Schindler Beteiligungsgesellschaft mbH v. Cisco Systems, Inc., Civ. Nos.09-72-SLR, 09-232-SLR, July 26, 2010.

Robinson, J.  Plaintiff's motion to amend its pleadings is denied in part and denied in part as moot; defendant’s motion to dismiss Teles for lack of subject matter jurisdiction is denied as moot; SSBG is substituted for plaintiff pursuant to Rule 25(c); plaintiff’s motion for partial summary judgment of infringement is denied; defendant’s motion for summary judgment of noninfringement is granted; trial on the validity of the '453 and '902 patents is stayed pending final judgment by the Federal Circuit on the pending reexaminations; defendant’s motion for summary judgment of invalidity of the '453 and '902 patents is denied without prejudice to renew should the stay be lifted; defendant’s motion for summary judgment of invalidity of the '431 patent is granted; SSBG's motion for partial summary judgment of no inequitable conduct is denied; and both parties' motions to exclude expert testimony are denied as moot.

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Generic drug found to infringe

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.

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Stay pending reexamination is granted

Enhanced Security Research, LLC, et al. v. Cisco Systems, Inc., et al., C. A. No. 09-571-JJF, June 25, 2010.

Farnan, J.  Plaintiffs’ motion to consolidate cases is denied as moot. Defendant’s motion to stay pending outcome of reexamination proceedings is granted. Defendant’s motion to supplement the record on its motion to stay is denied.

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Matter is dismissed for lack of subject matter jurisdiction where no interference-in-fact is found

Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No.08-290a-SLR, February 24, 2010.

Robinson, J.  Defendant’s motion to dismiss for lack of subject matter jurisdiction is granted.

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Motion to lift stay pending reexam after 2 ½ years fails

Automotive Technologies Int’l, Inc. v. American Honda Motor Co., et al., C.A. No. 06-187-GMS, September 15, 2009.

Sleet, C. J.  Plaintiff’s motion to lift the stay pending reexamination is denied.

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Patentee prevails on anticipation and breach of contract claims

Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.

Robinson, J.  Plaintiff’s motions for summary judgment of breach of contract and no anticipation are granted.  Defendant’s motion for summary judgment of no breach of contract, invalidity, and incorporation by reference are denied.


 

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Stay pending reexamination is granted

Abbott Diabetes Care, Inc., v. Dexcom, Inc., C.A. No. 06-514-GMS, September 30, 2007.

Sleet, C.J.  Defendant’s motion to strike the complaint is denied.  Dexcom’s motion to consolidate this proceeding and to stay this proceeding pending reexamination of the seven patents-in-suit is granted.


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Patentability argument permitted although rejected as untimely in Interference proceeding

Illinois Tool Works Inc. v. Frito-Lay North America, Inc., No. 06-54-GMS, July 9, 2007.

Sleet, C.J.  Defendant’s motion to preclude patentability issues in this case is denied.

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DJ count dismissed as unripe where accused product lacked FDA approval; stay granted pending reexamination

Abbott Diabetes Care, Inc. v. Dexcom, Inc., No. 05-590 GMS, Aug. 16, 2006.

Sleet, J.  Motion to dismiss complaint is granted as to declaratory judgment count, and denied as to infringement count; motion to strike amended complaint is granted; and motion to stay pending reexamination is granted.

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