News

Google Ordered to Pay $20M to Inventors of Anti-Malware Technology used in Chrome

(February 14, 2017 – Marshall, Texas) – A jury has found Google liable for $20M in damages for infringing all claims of three anti-malware patents in their Chrome web browser. In Alfonso Cioffi et al v. Google, Inc., 2:13-cv-0103-JRG-RSP, engineers Allen Rozman and Alfonso Cioffi, both Texans, created the technology to keep internet users safe and were deemed the inventors of such by the federal Patent and Trademark Office. When Google began using it, they were forced to sue to maintain...

- -
Read more

Apple Could Only Win A Transfer Motion — Not a Trial

(December 15, 2016 – Marin County, California) – Is filing a transfer motion worth it?  A company’s backyard doesn’t seem like the fairest place to have a trial when the damage occurred in a another state, but that’s what happened here.  However, the people in California found Apple infringed the asserted patents, the way it would have happened in Texas. Critics say E.D. Texas juries award too much, but really they just understand property rights better than most.  Most people...

- -
Read more

VirnetX v Apple, Round 3. Jury votes Apple owes $302 million.

(Tyler, Texas – October 4, 2016) – VirnetX won again against Apple.  A jury calculated that technology giant Apple Inc. (NASDAQ: AAPL) owes more than $302 million in royalties to Nevada-based VirnetX Holding Corp. (NYSE: VHC) for infringing internet security patents owned by VirnetX.  Jurors in the Tyler, Texas, courtroom of Judge Robert W. Schroeder III delivered the verdict in favor of VirnetX on Sept. 30 after one week of trial. The case is VirnetX Inc., et al. v. Apple Inc.,...

- -
Read more

Rembrandt v Samsung Closes at $15.7 Million

(Tyler, Texas – February 26, 2016)  A jury unanimously handed down a $15.7 million verdict against Samsung in Rembrandt Wireless Technologies LP v. Samsung Electronics Co., Ltd., et al, TXED 2:13-cv-00213. The case involved two Bluetooth technologies owned by Rembrandt, US Patent Numbers 8,023,580 and 8,457,228, both of which were found “infringed” and “not invalid” by the jury. Reviewing the verdict, Judge Gilstrap found that the verdict was reasonable and...

- -
Read more

Samsung Also Found to be Willfully Infringing in $7M Verdict

(Tyler, Texas – February 9, 2016)  A jury handed down a $7 million verdict against Samsung on Friday, finding they willfully infringed various patents owned by Imperium IP Holdings. A finding of willfulness notably allows the Judge to increase the fine, up to triple. The case involved US Patent Numbers 6,271,884 and 6,836,290, both technologies for improving the quality of photos. The jury disagreed with Samsung’s contention that the patents were obvious, awarding Imperium $4.8...

- -
Read more

Post-Alice §101 Challenge Denied in Gonzalez v InfoStream

(Tyler, Texas – February 6, 2016) Judge Roy Payne today sent down a recommendation in Gonzalez v. InfoStream Group et al. (TXED 2:14-cv-00906-JRG, Docket No. 60) that producing “digital labels” is patent eligible under §101. He thus denied defendant’s Motion for Summary Judgment on those grounds. A granting of a Motion for Summary Judgment is what the public sometimes refers as the case being “thrown out.” These Motions for Summary Judgment argue that...

- -
Read more

Apple’s Damages in VirnetX Enhanced to $625M after Finding of Willfulness

(Tyler, Texas – February 3, 2016) It’s an infinite loop, alright. After successfully overturning a $368 million judgment in which Apple was found guilty of infringement, a jury revisited the case and found Apple to have been willful in their infringement and to have continued unabated since the earlier verdict. They reinstated and “enhanced” the damages, now $625 million, in in Apple vs. VirnetX, TXED 6:12-cv-00855-RWS. The patents in question, each belonging to...

- -
Read more

ContentGuard v Apple – $420,000 Bill of Costs Approved by Judge Gilstrap

(Tyler, Texas – January 20, 2016) After a successful defense, Judge Gilstrap today granted Apple’s Bill of Costs in the amount of $420,000. This came two months to the day after a jury verdict denying Plaintiff ContentGuard’s contentions in the Eastern District of Texas’s case 2:13-cv-1112. ContentGuard was represented by a team 17-deep from McKool Smith, including Samuel Baxter, Robert Cote, David Dehoney, Craig Donahue, Holly Engelmann, Shahar Harel, Seth Hasenour,...

- -
Read more

Chinese Smartphone ZTE Willfully Infringed Patents, East Texas Judge Says

(Tyler, Texas – Tuesday, October 13, 2015)  Federal Judge Rodney Gilstrap of the Eastern District of Texas denied an attempt by Chinese smartphone maker ZTE to have a $32 million judgement against them overturned and a new trial initiated. Judge Gilstrap said the jury did their job appropriately and effectively and were properly instructed on the law.   After deliberating less than 45 minutes, Jurors unanimously found in June that ZTE infringed all five asserted data entry claims,...

- -
Read more

Jury Finds Apple Infringes Another Patent, This Time Approaching $900M

(Tyler, Texas – Monday, October 12, 2015, Columbus Day)  A federal jury decided that Apple’s iPhones and iPads infringe on a University of Wisconsin Alumni Research Foundation patent, central to the devices’ A7, A8, and A8X processors.  Judge William M. Conley said that Apple’s licensing fees and other damages could total as much as 862 million dollars.   Apple’s stock has fallen close to 2% since the announcement.  Overall AAPL has fallen 18% in the last...

- -
Read more

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...

- -
Read more

Google Can’t Escape EDTX by Cherry-Picking Witnesses, says Judge

(Tyler, Texas – Friday, September 24, 2014)  Judge Roy Payne of the Eastern District of Texas denied Google Inc.’s Motion to Transfer a patent infringement case against them to Northern California. “The Court is significantly concerned that Google is not being fully candid,” wrote Judge Payne.  He further agreed Tuesday with the Rockstar Consortium LP that Google’s motion represented “cherry picking prior art witnesses,” that “non-party...

- -
Read more

Cognitec’s Motion To Dismiss Denied

My Trusty Gavel (Photo credit: steakpinball) (Tyler, Texas – Tuesday, July 22, 2014) Judge Caroline Craven of the Eastern District of Texas recommended denying Cognitec Systems Corp. and Cognitec Systems GmbH’s (Cognitec’s) motion to dismiss Blue Spike, LLC’s claims of indirect and willful patent infringement in Blue Spike, LLC v. Texas Instruments Inc., 6:12-CV-499. Cognitec filed its FRCP 12(b)(6) motion on November 21, 2013 alleging that Plaintiff failed to state a claim on which...

- -
Read more

Texas Instruments Hit With $3M Verdict

(Tyler, Texas – Friday, June 20, 2014) An East Texas federal jury returned a verdict against Defendant Texas Instruments Incorporated in a patent litigation case in the amount of $3 million. 6:11-cv-491-MHS-JDL, Dkt. No. 413. Paintiff U.S. Ethernet Innovations, LLC filed suit for patent infringement of U.S. Patent Number 5,434,872 – “Apparatus for automatic initiation of data transmission” and two other patents which were removed from the case prior to trial. While the...

- -
Read more

Washington Redskins’ Trademark Canceled by Patent and Trademark Office

Redskins primary logo 1972-1981, 1983-present (Photo credit: Wikipedia) (Arlington, Virginia — Wednesday, June 18, 2014) The Patent and Trademark Office (PTO) determined this week that the name of the NFL’s Washington Redskins is “disparaging to Native Americans”; as a result the PTO canceled the Redskins trademark. Under a hail of increased political and social pressure over the past months, the Redskins have been fighting a turning tide to keep their team name. Five...

- -
Read more

East Texas Jury Returns $18.8 Million Verdict in Patent Infringment Case

English: I took photo with Canon camera in Tyler, Texas. (Photo credit: Wikipedia) (Tyler, Texas Friday, June 6, 2014) An East Texas Jury returned am $18.8 million verdict in favor of the Plaintiff in EON Corp. IP Holdings, LLC v. Silver Spring Networks, Inc., 6:11-cv-0317-JDL (E.D. Tex. 2011). EON sued several defendants in along with Silver Spring in June 2011 claiming Silver Spring’s two-way communications network and related software violated EON’s U.S. Patent Nos. 5,388,101; 5,481,546;...

- -
Read more

Federal Circuit Denies Microsoft’s Transfer out of the Eastern District of Texas

(Washington, D.C. – Monday, May 5, 2014) The Federal Circuit determined that Plaintiff PersonalWeb Technologies LLC’s case against Microsoft Corp. for violation of certain patents should stay in the Eastern District of Texas. PersonalWeb commenced its action against Microsoft, Facebook, Apple, and others in September 2012. Microsoft later filed a motion to transfer the case to its home court in Washington. Chief Judge Leonard Davis denied the motion to transfer to preserve judicial...

- -
Read more

Federal Circuit Denies Groupon’s Transfer a Second Time

(Washington, D.C. – Wednesday, April 23, 2014) Defendant Groupon Inc. filed a writ of mandamus to transfer its case from the Eastern District of Texas to the Northern District of Illinois. The plaintiff, Blue Calypso Inc., commenced the action in its home state of Texas and more specifically the Eastern District of Texas. Blue Calypso accused Groupon of infringing five of its patents by operating a computer-based advertising service to registered users within an advertisers geographical...

- -
Read more

Truth and Fact About Inter Partes Review

(Alexandria, VA – Friday, April 18, 2014) Recently, attorneys at an American Bar Association Intellectual Property Law Conference ran amuck, fear-mongering about the Patent Trial and Review Board (PTAB). Attorneys, legal bloggers, and others around the country are and have been claiming that Inter Partes Review has proven to be more popular and more effective at invalidating patents than anyone originally expected. The current rumored figure is that 95% of patent claims brought before the...

- -
Read more

Shareholders Sue Marvell for $1.5B Patent Loss

(April 7, 2014 – San Francisco, California): Shareholders—represented by Lee Voss—have sued as individuals the CEO Sehat Sutardja, his wife, and the board of Marvell Technology Group Ltd. for failure to license a patent which Marvell knowingly infringed. In 2012 a Pennsylvania jury entered a verdict for the inventor of the patent in the amount of $1.17 billion. The Honorable Nora Barry Fischer affirmed the jury’s verdict which was increased in March by $366 million bringing the total...

- -
Read more

EU Corporation Ordered to Produce Redacted Docs by End of Day

Photo by opensourceway / CC BY-SA (Wednesday, March 19, 2014 – Marshall, Texas): Cognitec Systems GmbH, based in Dresden, has been ordered to reproduce unredacted versions of its jurisdictional discovery. Initially, Cognitec Systems GmbH produced a set of heavily-redacted documents and justified the redactions by citing, among other reasons, European discovery limitations. However, after a Rule CV-26(e) “hotline” hearing with Magistrate Judge Roy S. Payne, Cognitec Systems GmbH was...

- -
Read more

Google to Pay $85,000,000 for Infringement

(Marshall, Texas – Wednesday, March 19, 2014) – In SimpleAir, Inc. v. Microsoft Corp., et al., 2:13-cv-416-JRG, an East Texas jury entered a damages verdict against Google Inc. for $85,000,000 for patent infringement. Many of the defendants, including Microsoft, chose to settle. Google, however, proceeded to trial, and on January 18, 2014 an East Texas jury entered a verdict against Google finding that it infringed two patents (7,035,914 and 6,021,433) and that the two patents were valid....

- -
Read more

Apple Denied Inter Partes Review

(Alexandria, VA – Wednesday, February 12, 2014) The Patent Trial and Appeal Board refused to apply Apple, Inc’s reading of the one year time limitation on inter partes review. See 35 U.S.C. § 315(b). Virnetx, Inc. and Science Application International Corporation commenced patent infringement actions against Apple, Inc. in 2010 and 2012 for infringement of U.S. Patent No. 6,502,135 in the Eastern District of Texas. During the 2010 litigation, an Eastern District of Texas jury found the...

- -
Read more

Google is Going to Pay For Its Patent Infringement

(Federal Courthouse in Marshall, Texas. Photo by Jay Carriker.) (Marshall, Texas – Monday, February 10, 2014) The Honorable Rodney Gilstrap entered an order for entry of partial judgment for patent infringement today against Google in SimpleAir, Inc. v. Microsoft Corp., et al., 2:11-cv-416-JRG. On January 18, 2014, an East Texas jury found Google guilty of patent infringement but could not reach a decision on the amount of damages. Google’s counsel responded by moving the Court for a new...

- -
Read more

Australia’s National Science Agency Seeks $31 Million from Cisco

(Thursday, January 23, 2014 – Tyler, Texas) Counsel for the Australian government’s science agency—Commonwealth Science and Industrial Research Organisation (CSIRO)—squared off with Counsel for Cisco Systems, Inc. during a final pre-trial conference before Chief Judge Leonard Davis. CSIRO’s pioneering patent combines several existing technologies in a unique way to create the wireless LAN technology underlying the IEEE 802.11 a, g and n standards, often referred to as Wi-Fi.  To...

- -
Read more

Google Found Guilty of Patent Infringement

(Marshall, Texas – Tuesday, January 18, 2014) Earlier today, a jury returned a verdict against Google Inc. for patent infringement in SimpleAir, Inc. v. Microsoft Corp., et al., 2:11-cv-416-JRG. SimpleAir commenced this action on September 15, 2011 for infringement of two patents: 7,035,914 and 6,021,433 both titled “System and Method for Transmission of Data.” Initially, Microsoft and Google were both parties to this action; Microsoft settled with SimpleAir and entered into a licensing...

- -
Read more

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...

- -
Read more

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...

- -
Read more

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...

- -
Read more

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...

- -
Read more