Anthoula Pomrening News
Judge: Pleading must identify parties that indirectly infringe
Davis In Network-1 Security Solutions, Inc. v. Alcatel-Lucent USA Inc., et al., a recent case from the Eastern District of Texas, U.S. District Judge Leonard E. Davis granted-in-part Defendants' Motion to Dismiss with respect to plaintiff's allegations of indirect infringement.
The Eastern District Of Texas announces model order for E-discovery in patent cases
On March 2, the Eastern District of Texas introduced on its website a Model Order Regarding E-Discovery in Patent Cases along with amendments to its local rules.
Court respects corporate boundaries between parent and subsidiary
In Secure Axcess LLC v. Bank of America Corp., et al., after a consideration of the totality of the circumstances, Judge Davis found that defendant ING Bank was not the alter ego of Defendant ING Direct Bancorp.
Same patents, same district don't prevent transfer
In a recent decision from the Eastern District of Texas, Droplets, Inc. v. E-Trade Financial Corp., et al., Magistrate Judge Caroline Craven granted Defendants' Motion to Transfer the case to the Southern District of New York, finding the case analogous to the Federal Circuit's decision in In re Zimmer Holdings Inc.
Court seeks balance in Parallel Networks cases
Pomrening In Parallel Networks LLC v. Abercrombie & Fitch et al., the U.S. Court of Appeals for the Federal Circuit took atypical measures to manage four cases filed by Parallel Networks LLC.
Later assertion of non-elected claims not precluded by elected claims, Folsom says
In LML Patent Corp. v. JP Morgan Chase & Co., Judge David Folsom of the Eastern District of Texas Marshall Division has granted LML's Motion to Sever and Stay, although in a slightly modified form.
Court Finds Inequitable Conduct Defense Insufficiently Pled
Applying the pleading requirements of the Federal Circuit's Exergen Corp v. Wal-Mart Stores, Inc. decision, Magistrate Judge Everingham of the Eastern District of Texas concluded in SynQor, Inc. v. Artesyn Techs., Inc. that Defendant Bel Fuse Inc.'s inequitable conduct defense was not pled with sufficient particularity.
Another False Marking Decision from the Federal Circuit
The recent frenzy of false marking cases has resulted in yet another Federal Circuit decision in this arena with Stauffer v. Brooks Brothers Inc.
Defendant's bankruptcy favors permanent injunction, federal circuit rules
In Retractable Technologies Inc. v. Occupational & Medical Innovations Ltd., a patent infringement case from the Eastern District of Texas, the U.S. Court of Appeals for the Federal Circuit granted a permanent injunction in favor of the plaintiff based in part upon the defendant's bankruptcy and the fact that plaintiff and defendant are direct competitors.
Defendant's misconduct in patent suit necessitated finding of exceptional case
In ReedHycalog UK Ltd. and ReedHycalog LP v. Diamond Innovations Inc., a case from the Eastern District of Texas, the defendant's litigation misconduct and willfulness necessitated a finding of exceptional case and an award of attorneys' fees and enhanced damages.
Federal Circuit says no liability prior to infringement notification
In a recent case from the Southern District of Texas, Tesco Corp. v. Weatherford International Inc., National Oilwell Varco L.P., Offshore Energy Services Inc., and Frank's Casing Crew & Rental Tools Inc., the U.S. Court of Appeals for the Federal Circuit found that continued use of accused products sold prior to notice of infringement did not constitute direct infringement upon which a claim of indirect
Motion to Stay Injunction Pending Appeal ... with Rules
In the recent Eastern District of Texas decision in Smith & Nephew Inc. v. Arthrex Inc., the federal court tempered the grant of a motion for stay of the permanent injunction pending appeal by incorporating certain provisions into the stay.