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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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...

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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...

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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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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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Blue Spike Settles with Yahoo! and NEC.

(Monday, March 4, 2013 – Tyler, TX): Blue Spike, LLC continues to make its mark after inking two favorable settlements with major corporations. Yahoo! and NEC Corporation, listed among the Fortune 500 and Global Fortune 500 respectively, recently agreed to settle the software company’s claims they infringed Blue Spike’s state-of-the-art abstraction patents. Blue Spike’s founder, Scott Moskowitz, is pleased with the results. Moskowitz is CEO of the Texas-based software company and the...

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Garteiser Honea Wins Battle to Hold Russian Patent Infringer Accountable – In Texas.

(Monday, January 14, 2013 – Marshall, Texas): Software and service provider Blue Spike, LLC successfully defended a motion to quash brought by a Russian Biometric Company, Biolink Solutions Ltd. To save its client money, Garteiser Honea researched and discovered that it could accomplish service on the company through the Texas Secretary of State. After all, the company was alleged to be selling products in Texas, and these products collect personal data on Texas residents. Here, Garteiser...

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Garteiser Honea Defeats Perkins Coie in Heated Arbitration.

(Saturday, November 3, 2012 – Palo Alto, CA)  An arbitrator made a determination in a contractual dispute between Garteiser Honea’s client, Exygy, LLC, and GreatNonprofits, represented by Perkins Coie.  The verdict: it’s another win for a Garteiser Honea client. The dispute arose over failure to pay on a contract for custom software development.  When GreatNonprofit’s CEO, a graduate of Harvard Law and former member of the California Bar, called in a favor with internationally...

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NASDAQ Faces Legal Liability for its Technical Problems with Facebook’s IPO

(Sunday, May 20, 2012 – New York, NY) According to Wall Street Journal reporters Jenny Strasburg, Jacob Bunge and Gina Chon, NASDAQ officials admitted that its system suffered technology problems that impacted trading in millions of shares of Facebook on its May 18th IPO.  “This was not our finest hour,” said NASDAQ OMX Group Chief Executive Robert Greifeld. The main problem, he said, was a malfunction in the trading-system’s design for processing order cancellations.  Id....

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Wage Notice Deadlines Approaching

(Thursday, December 1, 2011 – Marin County, CA) On January 1, 2012, employers in California will now be required to provide written notices to employees containing certain wage information, including, among other things, the employee’s basis of pay (e.g., hourly, weekly, salary or commission) and allowances claimed against the minimum wage as well as other information about the employer, including the employer’s name, principal place of business, telephone number and any other names...

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Patent Infringers Can Raise a Prior Use Defense

(Wednesday, November 16, 2011 – Marin County, CA) Under Section 5 of the American Invents Act (AIA), an alleged patent infringer can raise a prior use defense. This defense can be raised against any patent “issued on or after the date of enactment,” which is September 16, 2011. Below is the text of Section 5. Section 5 of the AIA expands prior user rights: 35 U.S.C. 273 Defense to infringement based on earlier inventor. (a) IN GENERAL.–A person shall be entitled to a defense under...

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