No Venue Change in Ad-Display Patent Case

Venue Transfer Ordered in Patent Case

By Deborah Elkins
Published: May 22, 2013
Tags: Intellectual Property, Judge Henry Coke Morgan Jr., U.S. District Court - Eastern District

A Norfolk U.S. District Court grants defendants’ motions to transfer venue of these four patent infringement actions to a California federal court. All four of these cases are patent infringement actions brought by the same plaintiff regarding the same technology. This particular matter is before the court on defendants LG Electronics Inc. and LG Electronics [...]

Contest Ends Over Telecom Software Patents

By Deborah Elkins
Published: May 22, 2013
Tags: Intellectual Property, Judge Leonie Brinkema, U.S. District Court - Eastern District

An Alexandria U.S. District Court grants summary judgment to defendant, an Irish company with U.S. headquarters in Reston, on all patent infringement claims asserted by plaintiff, an Israeli company that sells software portfolios to telecommunications companies, and summary judgment for plaintiff on defendant’s counterclaims for inequitable conduct. Although there remain disputed issues of material fact [...]

Pretrial Injunction Ordered in Trade Secret Case

By Deborah Elkins
Published: May 14, 2013
Tags: Intellectual Property, Judge Mosby G. Perrow III, Lynchburg Circuit Court, Virginia Circuit Courts

A Lynchburg Circuit Court grants a preliminary injunction to prevent defendant’s use or disclosure of trade secrets or confidential and/or proprietary information defendant may have obtained from his prior employment with plaintiff, before he went to work for a competitor. Under Virginia law, in order to establish misappropriation of trade secrets under Va. Code § [...]

Court Rejects Claim for Pipe Patent

By Deborah Elkins
Published: May 3, 2013
Tags: Intellectual Property, Judge Liam O'Grady, U.S. District Court - Eastern District

The Alexandria U.S. District Court upholds the USPTO’s rejection of plaintiff’s claims seeking to patent the a spirally formed pipe. On May 17, 1999, plaintiff filed a ‘922 application with the U.S. Patent and Trademark Office. The Examiner rejected claims 1-9 of plaintiff’s application, but the Patent Trial and Appeal Board reversed the Examiner’s rejections. [...]

Court Trims Costs for Winning Party

By Deborah Elkins
Published: April 16, 2013
Tags: Intellectual Property, Judge Leonie Brinkema, U.S. District Court - Eastern District

An Alexandria U.S. District Court takes a close look at plaintiff’s request for $132,137.90 and awards $89,207.90 by deducting claimed expenses such as videography fees for depositions, computer animations and “metadata extraction.” On Sept. 27, 2012, the court granted summary judgment of non-infringement to defendant Openet Telecom Inc. and summary judgment of no inequitable conduct [...]

Association Said Logo Used in Ad Sales

By Deborah Elkins
Published: April 1, 2013
Tags: Intellectual Property, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

In this case involving trademark infringement claims by a trade association against an individual due to the individual’s advertisements soliciting trade association members for listing in a directory, the Alexandria U.S. District Court adopts the magistrate judge’s recommendation as to plaintiff association’s trademark infringement claim because defendant’s ads contained marks that were distinguishable from plaintiff’s [...]

Patent Licensee Must Join Owners as Plaintiffs

By Deborah Elkins
Published: April 1, 2013
Tags: Intellectual Property, Judge Henry E. Hudson, U.S. District Court - Eastern District

Plaintiff technology company does not have the necessary substantive right to the patents at issue to confer constitutional or statutory standing to prosecute this suit alleging infringement of two U.S. patents relating to computer-assisted mapping technologies licensed to plaintiffs, and the Richmond U.S. District Court says the case will be dismissed unless the patent owners [...]

Pretrial Rulings Issued in Patent Case

By Deborah Elkins
Published: March 29, 2013
Tags: Intellectual Property, Judge James P. Jones, U.S. District Court - Western District

In this patent infringement suit, an Abingdon U.S. District Court rules on the parties’ motions in limine, including denying plaintiff’s motion in limine to preclude defendants from offering evidence construing claim terms not already construed by the court. Plaintiff specifically asks the court to prevent defendant from arguing any particular construction of the phrase “controlling [...]

No Venue Change in Patent Case

By Deborah Elkins
Published: March 20, 2013
Tags: Intellectual Property, Judge Mark Davis, U.S. District Court - Eastern District

A Norfolk U.S. District Court denies a transfer of venue to a New Jersey federal court and venue-related discovery in this patent infringement suit; the patented technologies at issue here were all researched and developed primarily in this district. Plaintiff Virginia Innovation Sciences Inc. (VIS) is a Virginia corporation with its principal place of business [...]