Audible Magic’s Motion to Strike Infringement Contentions Denied

(January 12, 2015 – Tyler, Texas) 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 motion to...

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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...

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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...

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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...

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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;...

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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...

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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...

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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...

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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....

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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...

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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...

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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...

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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...

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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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