Arctic Cat Inc. v. Bombardier Recreational Products Inc. et al, 0-14-cv-62369 (FLSD July 27, 2016, Order) (Bloom, J.)
Friday, July 29, 2016
Thursday, July 28, 2016
Lawsuit Dismissed Under 35 U.S.C. § 1498 Does Not Trigger 35 U.S.C. § 315(b) Time Bar for IPR Initiated by the U.S. Government
Petition for Inter Partes Review by The United States Department of Justice, IPR2016-00497 (PTAB July 25, 2016, Order) (Boucher, APJ)
Wednesday, July 27, 2016
Activision Publishing, Inc. v. xTV Networks, Ltd. et al, 2-16-cv-00737 (CACD July 25, 2016, Order) (Otero, J.)
Tuesday, July 26, 2016
Trustees of Boston University v. Everlight Electronics Co., Ltd., et al, 1-12-cv-11935 (MAD July 22, 2016, Order) (Saris, J.)
Monday, July 25, 2016
Polaris Innovations Limited v. Kingston Technology Company, Inc., 8-16-cv-00300 (CACD July 21, 2016, Order) (Carney, J.)
Friday, July 22, 2016
Expert Testimony Excluded as Unqualified in the Field of “Retroactive Mind Reading of Patent Examiners”
Barry v. Medtronic, Inc., 1-14-cv-00104 (TXED July 19, 2016, Order) (Clark, J.)
Thursday, July 21, 2016
Appistry, Inc. v. Amazon.com, Inc. et al, 2-15-cv-01416 (WAWD July 19, 2016, Order) (Jones, J.)
Wednesday, July 20, 2016
RecogniCorp, LLC v. Nintendo Co, Ltd., et al, 2-12-cv-01873 (WAWD July 18, 2016, Order) (Jones, J.)
SimpliVity Corporation v. Springpath Inc., 4-15-cv-13345 (MAD July 15, 2016, Order) (Hennessy, M.J.)
Tuesday, July 19, 2016
CES Group, LLC v. Energy Labs, Inc. et al, 5-14-cv-02919 (CAND July 15, 2016, Order) (Freeman, J.)
Monday, July 18, 2016
Proto Labs, Inc. v. ICO Products, LLC, 0-15-cv-02562 (MND July 13, 2016, Order) (Mayeron, M.J.)
Friday, July 15, 2016
Patent for Remotely Accessing and Controlling an Application Over a Network Invalid Under 35 U.S.C. § 101
Tridia Corporation vs. Sauce Labs, Inc., 1-15-cv-02284 (GAND July 13, 2016, Order) (Long, Special Master)
Thursday, July 14, 2016
On July 1st, Judge Alsup issued a notice regarding opportunities for young attorneys in a case which he is trying. The case is Illumina, Inc. et. al. v. Qiagen, N.V. et. al., case number 16-CV-2788. The case revolves around a patent held by Illumina in the field of DNA sequencing, U.S. Patent No. 7566537, entitled Labelled Nucleotides. At issue is Qiagen’s marketing of a DNA sequencing product known as GeneReader which Qiagen has attempted to market in areas under the jurisdiction of N.D. Cal., including San Francisco and Pleasanton.
Judge Alsup is specifically seeking young attorneys with four or fewer years of experience out of law school to argue two motions filed by the defense. One is a motion to transfer the case to the District of Delaware (D. Del.), where Qiagen argues that the parties have already been litigating the validity of the ‘537 patent. The other is a motion to dismiss the case because of a lack of personal jurisdiction. Both motions were filed around the middle of June.
The insight afforded by the legal case analytics services offered by Docket Navigator can keep a firm informed on a judge’s past decisions in the face of various motions. In this particular case, it could help the young attorneys involved with the Illumina v. Qiagen case make an educated decision on the likelihood that Judge Alsup would decide in favor of either of these motions.
On the motion to transfer to a new venue, Docket Navigator analytics show that, historically, Judge Alsup has split down the middle in terms of granting or denying such a motion. One 2010 motion to transfer was denied because Judge Alsup was not convinced that the transfer would be convenient to both parties. On the other hand, Judge Alsup granted a 2014 motion to stay or transfer a case in light of actions pending in related cases in the Eastern District of Texas (E.D. Tex.). Overall, in six motions to transfer, Judge Alsup has denied two motions, granted one, granted another in part and two others either had their ruling deferred or additional briefing was requested.
Motions to dismiss due to a lack of personal jurisdiction are a much tougher sell to Judge Alsup. Since 2010, he has denied four such motions while only granting two; another motion to dismiss had its ruling deferred. In 2015, a motion to dismiss filed by an individual defendant who alleged he never personally managed any of the activities related to the infringement within the jurisdiction of N.D. Cal. was denied because Alsup decided that the defendant was subject to a forum-selection clause of a sales-agency agreement. On the other hand, Judge Alsup granted a 2012 motion to dismiss for lack of personal jurisdiction after a related case being argued in D. Del. reached the same conclusion.
Data analytics can be crucial to legal teams, especially those trying to get positive results for their younger, inexperienced associates. Docket Navigator provides tools which help legal teams prepare for a wide range of legal motions.
Charts made using Docket Navigator's data.
This guest post was written by Steve Brachmann.
Core Wireless Licensing SARL v. LG Electronics, Inc. et al, 2-14-cv-00911 (TXED July 12, 2016, Order) (Payne, M.J.)
Wednesday, July 13, 2016
Forest Laboratories Inc. et al v. Apotex Corp. et al, 1-13-cv-01602 (DED July 11, 2016, Order) (Robinson, J.)
Tuesday, July 12, 2016
Sociedad Espanola De Electromedicina Y Calidad, S.A. et al v. Blue Ridge X-Ray Company, Inc. et al, 1-10-cv-00159 (NCWD July 8, 2016, Order) (Reidinger, J.)
Monday, July 11, 2016
“Providing . . . Information” Step of Challenged Claim Constitutes Printed Matter Not Entitled to Patentable Weight
Petition for Inter Partes Review by Praxair Distribution, Inc., IPR2015-00529 (PTAB July 7, 2016, Order) (Pollock, APJ)
Friday, July 8, 2016
Thursday, July 7, 2016
Asghari-Kamrani et al v. United Services Automobile Association, 2-15-cv-00478 (VAED July 5, 2016, Order) (Doumar, J.)
Wednesday, July 6, 2016
Audio MPEG, Inc. et al v. HP Inc., 2-15-cv-00073 (VAED July 1, 2016, Order) (Morgan, J.)
Tuesday, July 5, 2016
Open Parking, LLC v. ParkMe Inc., 2-15-cv-00976 (PAWD June 30, 2016, Order) (Hornak, J.)
Friday, July 1, 2016
TransData, Inc. v. Centerpoint Energy Houston Electric LLC et al, 6-10-cv-00557 (TXED June 29, 2016, Order) (Love, M.J.)