Letters Rogatory Denied in the Northern District
Judge Thomas W. Thrash, Jr. denied plaintiff’s request for Letters Rogatory on Nov 15 in the Northern District of Georgia as untimely, dilatory, and unnecessary.
Modtruss Stumbles on “Same” Problem with Battlefrog Obstacles – Motion for Preliminary Injunctive Relief Denied
This post follows up on this post on Judge Ross’s Order of June 6, 2016, in which she allowed Modtruss, Inc. (“Modtruss”), to clarify its intent with regard to a prior motion for a temporary restraining order and preliminary injunction against Defendant, Battlefrog LLC (“Battlefrog”). Escaping the technical […]
Judge Totenberg Grants Stay of Litigation Pending IPR Proceeding
ETS-Lindgren, Inc. (“ETS”), as the assignee of U.S. Patent No. 8,331,869 (“the ‘869 patent”) pertaining to testing wireless devices, brought an infringement action against MVG, Inc. (“MVG”), on May 28, 2015. MVG petitioned the Patent Trial and Appeal Baord (“PTAB”) almost a year later, on April 12, 2016, for […]
Amendment Moots Motions for Both Parties without Specific Adoption of Prior Filings
The latest order in a patent case in the Northern District of Georgia delves into the procedural niceties of federal practice, illustrating both how form continues to have power over substance and how the Court can nevertheless point the parties to a viable, low-cost solution. This case involves […]
Abstract Ideas Cannot be Permitted to Burden the "Basic Tools of Modern-Day Commercial and Social Interaction"
In a case originally filed in 2012, Judge Amy Totenberg granted Judgment on the Pleadings in favor of United Parcel Service, Inc. (“UPS”), and against Mobile Telecommunications Technologies, LLC (“MTel”), relating to U.S. Patent No. 5,786,748 (the ‘748 Patent). The patent, filed in 1997 and issued on July […]
Court Recognizes Alice Decision Potentially Impacts Case by Allowing Late Motion for Judgment on Pleadings
Mobile Telecommunications Technologies, LLC (“Mobile”)[background on company], initiated a patent infringement case against United Parcel Service, Inc. (“UPS”), in 2012 on U.S. Patent No. 5,786,748 on a method and apparatus for giving notification of express mail delivery. UPS filed a Motion for Summary Judgment [Dkt. 95], which was […]
Judge Ross Examines Morass of Pleadings and Refines Dispute to Supported Claims of Patent, Copyright, and Trade Dress Infringement
In an earlier post today we reported on the Third Amended Complaint filed by Lisa Duer (“Duer”), a resident of Woodstock, Georgia, alleging patent infringement, trademark infringement, copyright infringement, and trade dress infringement action against Bensussen Deutsch & Associates, Inc. (“BDA”), a Washington corporation, and Eli Lilly and […]
Markman Ruling Construes “Network” Rejecting Parties’ Proposals
Plaintiff Microwave Vision, SA (“Microwave Vision”), owner of U.S. Patent No. 7,443,170 (the “‘170 Patent”), brought an action for patent infringement along with MVG Industries, SAS, and MVG, Inc. (collectively “Plaintiffs”) against ESCO Technologies Inc. and ETS-Lindgren Inc. (collectively the “Defendants”). The ‘170 Patent covers systems used “to […]
Sarvint Retains Jurisdiction in the Northern District in Another Order from Judge Batten
Judge Batten denied a motion brought by Carré Technologies, Inc. (“Carré”) to dismiss[i] apatent infringement action brought by Sarvint Technologies, Inc. (“Sarvint”) for lack of personal jurisdiction. The Court began by incorporating discussions from its Order in the sister case of Sarvint v. OMsignal, on which we recently reported. The accused […]
Comprehensive Ruling on Personal Jurisdiction and Transfer Issues Offers Cautions and Gems for In-house Counsel and Trial Lawyers
In a 46-page order, Judge Timothy Batten denied a motion to dismiss under FRCP 12(b)(2) and (3) for lack of personal jurisdiction and improper venue, or in the alternative to transfer venue brought by OMsignal, Inc. (“OMsignal”) filed in connection with the complaint of Sarvint Technologies, Inc. (“Sarvint”) […]
Georgia IP Litigation 