Audible Magic’s Motion to Strike Infringement Contentions Denied

(Tyler, Texas – Monday, January 12, 2015) Judge Caroline Craven denied Defendant Audible Magic’s Motion to Strike Plaintiff Blue Spike, LLC’s preliminary infringement contentions. Blue Spike, LLC v. Texas Instruments, et al., 6:12-cv-499-MHS-CMC, Dkt. No. 1898. Plaintiff Blue Spike, LLC served preliminary contentions in February of 2014 and upon request of Defendant Audible Magic, amended those infringement contentions to respond to alleged deficiencies. Defendant Audible Magic filed a...

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Judge Bryson Appointed to Assist Eastern District

(Monday, December 16, 2013 – Marshall, Texas) While Congress debates the reformation of patent litigation, U.S. Circuit Judge William C. Bryson of the U.S. Court of Appeals for the Federal Circuit is back, riding the circuit in the Eastern District of Texas. See Order on U.S. Cir. Judge Bryson, Dec. 16, 2013. Chief Justice John Roberts of the Supreme Court has approved the intercircuit assignment. The general purpose of intercircuit appointments is to ease heavily burdened dockets. See...

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Tyler, TX Jury Protects Local Texan’s Patent Rights Against Foreign and Domestic Infringers

(Friday, November 22, 2013 – Tyler, Texas): A jury of five (5) women and two (2) men from Tyler, Texas returned a verdict for Houston-based L.C. Eldridge Sales Co., Ltd. and Leseman Davis LLC (“Eldridge”) for the full amount Plaintiff requested in L.C. Eldridge Sales Co., Ltd., et al., v. Jurong Shipyard Pte., Ltd., et al., 6:11-cv-599-MHS. Eldridge accused international defendants of copying its oil-rig exhaust system covered by U.S. patent 7,707,828 and manufacturing for, selling...

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Court Denies Government’s Motion to Stay

(Tuesday, November 19, 2013 – Washington, D.C.): The Court of Federal Claims came down with an order denying the U.S. Government’s motion to stay Blue Spike, LLC v. the United States, Case No. 13-419-C. Plaintiff brought suit against the U.S. under Title 28 USC §1498 for the unlicensed procurement, manufacture, and use of patented inventions as claimed in U.S. Patent Numbers 8,214,175, 7,949,494, 7,660,700, and 7,346,472. See Dkt. 010, Blue Spike’s First Amended Complaint. In...

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Schneider Denies Motion to Dismiss Based on Personal Jurisdiction

(Thursday, October 31, 2013 – Tyler, Texas): Judge Schneider denied a motion to dismiss based on a lack of personal jurisdiction filed by Atwood Oceanics Global Limited (AOGL) in Eldridge Sales Co., Ltd., et al., v. Azen Manufacturing PTE., LTD., et al., 6:11-cv-00599, Dkt. No. 279.  While Schneider agreed with defendant that it could not exercise “general jurisdiction” over it, the Court could exercise “specific jurisdiction.” Finding that the Defendant “us[ed] allegedly...

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Updates in TracBeam v AT&T Mobility

(Thursday, October 24, 2013 – Tyler, Texas): With jury selection scheduled for November 4, 2013 in TracBeam, LLC v. AT&T Mobility, LLC, today Chief Judge Leonard Davis held a hearing on Defendant AT&T Mobility’s motion for a continuance. For AT&T, Bryant Carroll Boren, Jr. of Baker and Botts’ Palo Alto Office, argued that TracBeam’s untimely supplemental expert reports presented an entirely new theory of infringement and presented a significant prejudice to AT&T.  He...

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Jaipuria vs LinkedIn Settlement

(Tuesday, September 27, 2013 – Tyler, Texas): Just three days before jury selection, the parties in Jaipuria, et al. v. LinkedIn, et al. have filed a Joint Notice of Resolution and Dismissal.  In February of 2011, inventors Pradeep and Amit Japuria filed a complaint for patent infringement against three companies—LinkedIn Corporation, Hoovers Inc, and Whodoyouknowat LLC. The Jaipurias, both residents and citizens of India, traveled over 8,000 miles to the Eastern District of Texas...

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Big Verdicts Are Back In Texas – Patent Holder Receives Delayed $113 Million

(Thursday, September 19, 2013 – Tyler, TX): A Tyler jury found Defendant Becton, Dickinson, and Co. (BD) liable against Retractable Technologies, Inc. (RTI) for $113 million. This trial put to rest a lawsuit that Plaintiff RTI initially filed in 2007. During the process of litigation, the lawsuit was bifurcated into two parts: a patent suit and an anti-trust suit. In 2009, a jury awarded RTI $5 million from BD for patent infringement, which the Federal Circuit confirmed in part and overruled...

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Judge Sua Sponte Dismisses Cases Making It Easier For Qui Tam Plaintiff’s To Seek Redress

(Sunday, September 25, 2011 – Marshall, TX)  Judge Ward is in the process of retiring, but before doing so, he expedited resolution of Title 35 U.S.C. Section 292 false marking cases by dismissing several of these cases without prejudice due to the recent enactment of the America Invents Act. By doing so, Judge Ward appears to advocate that the new legislation has taken away the standing of certain qui tam plaintiff who have not pled a commercial injury. The qui tam plaintiffs, known as...

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