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...

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...

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,...

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,...

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...

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...

Audible Magic

was denied its opposition to Blue Spike’s Motion to Extend Deadline to Respond by Magistrate Judge Caroline M. Craven in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-MHS, Dkt 1736, on September 4, 2014. Garteiser Honea PLLC represents Blue Spike. Audible Magic is represented by Alyssa Caridis, Christopher J. Higgins, Gabriel M. Ramsey, I. and Neel Chatterjee of Orrick Herrington & Sutcliffe; Eric Hugh Findlay and Walter Wayne Lackey of Findlay Craft; James V....

Cognitec Systems Corp

and Cognitec Systems GmbH, with counsel Dwayne Goetzel, Ryan Beard, and Willem Schuurman of Meyertons, Hood, Kivlin, Kowert, & Goetzel, P.C., were denied their Motion to Dismiss Claims of Infringement in Blue Spike LLC v. Texas Instruments, Case No. 6:12-cv-499-MHS-CMC, Dkt. 1645, on July 22, 2014.  Blue Spike was represented by Garteiser...

Clear Channel

represented by O’Melveny and Myers LLP against Blue Spike LLC’s Garteiser Honea, was denied in its Motion to Transfer Venue to the Southern District of New York in Blue Spike LLC v. Texas Instruments, Case No. 6:12-cv-499-MHS-CMC, Dkt. 1623, on July 2, 2014.  Magistrate Judge Caroline M. Craven wrote “On balance, the Court does not find Clear Channel has established that the Southern District of New York is a clearly more convenient...

The US Government

was denied its Motion to Reduce Asserted Claims from 80 to 32 in Blue Spike LLC v. The United States, Case No. 1:13-cv-419-EJD, Dkt. 40, (CFC Apr 07, 2014).  Judge Edward J. Damich wrote “The Court agrees with Blue Spike’s argument that it could be prejudiced by limiting its asserted claims without a complete picture of the facts,” defined as before “claim-construction discovery is complete.”  Blue Spike is represented by Garteiser...

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...

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...

Cognitec Systems GmbH

represented by Meyertons Hood, lost to Garteiser Honea, representing Blue Spike LLC, in a Rule CV-26(e) “hotline” hearing before Magistrate Judge Roy S. Payne as to whether Cognitec was justified in producing certain documents in redacted form during jurisdictional discovery. The Court heard argument from the parties and ordered that unredacted versions of the documents be produced by the end of the day, exactly as requested by Garteiser Honea. Blue Spike LLC v Texas Instruments, et...

Last.fm

has lost its Motion to Dismiss for lack of personal jurisdiction and venue against Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED, Dkt. 1385 (E.D. Tex Mar 31, 2014).  Last.fm was represented by Weil Gotshal & Manges of Redwood...

Audible Magic

was denied its Motion to Transfer to the Northern District of California in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED, Dkt. 1369 (E.D. Tex Mar 18, 2014).  Blue Spike is represented by Garteiser...

MorphoTrak / Safran

lost its Motion to Transfer, having “failed to satisfy their burden of showing this suit could have been originally filed in the Central District of California,” in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED, Dkt. 1352 (E.D. Tex Mar 14, 2014).  Blue Spike LLC is represented by Garteiser...

L-1 Identity Solutions / MorphoTrust

lost its Motion to Transfer “for the convenience of the parties” to New Jersey in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED, Dkt. 1353 (E.D. Tex Mar 14, 2014).  Blue Spike LLC is represented by Garteiser...

Cognitec Systems Corporation

lost its Motion to Dismiss, The Honorable Michael H. Schneider ruled in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-MHS (E.D. Tex. March 6, 2014).  Garteiser Honea PLLC represents Blue Spike.  The order immediately followed the denial of Cognitec Systems GmbH’s Motion to Dismiss in the same case.  Meyertons, Hood, Kivlin, Kowert & Goetzel, P.C. filed both motions denied by the...

Tygart Technologies

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Jan 16, 2014).  Tygart Technologies was represented by Spilman, Thomas & Battle, PLLC and Potter Minton,...

Broadcast Music, Inc. (BMI)

along with Landmark Digital Services LLC, have agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Jan 21, 2014).  BMI and Landmark were represented by Fulbright & Jaworski...

The US Government

was denied in their Motion to Stay by Judge Edward J. Damich in the case Blue Spike LLC v. The United States, Case No. 1:13-cv-419-EJD (CFC Nov 16, 2013).  Blue Spike was represented by Garteiser Honea...

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...

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...

DigitalPersona

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Oct 22, 2013).  DigitalPersona was represented by Kilpatrick Townsend & Stockton LLP and Potter Minton,...

Free Stream Media

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Oct 22, 2013).  Free Stream Media was represented by Friedman, Suder &...

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...

Rovi

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Jun 19, 2013).  Rovi was represented by Farella Braun + Martel...

Enswers

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Jun 18, 2013).  Enswers was represented by Rice & Saito LLP, Durie Tangri, and Potter Minton,...

Suprema

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Jun 18, 2013).  Suprema was represented by Baker & McKenzie...