Motion for Summary Judgment Under Section 101 Recommended Granted in Location-Sharing Patent Case

Magistrate Judge Payne recommended granting defendant Samsung’s motion for summary judgment of patent ineligibility, which would hold all remaining asserted claims of Mullen’s location-sharing patents invalid under 35 U.S.C. § 101. This content is restricted to subscribers

Eastern District Jury Awards Aspen Networks $190 Million Against Verizon

A Marshall Division jury in Judge Robert W. Schroeder III’s court found that defendant Verizon Wireless infringed plaintiff Aspen Networks’ patent covering technology for switching cellphone calls between Wi-Fi and cellular networks. It found all six asserted claims infringed, none proven by clear and convincing evidence to be invalid, and awarded damages of $190 million. This content is restricted to subscribers

Jury Verdict in EDTX Trucking Case

I want to congratulate my cocounsel Tex Quesada and Jody Rodenberg on their outstanding win for our client Steve Henson yesterday in federal court in Marshall. An Eastern District of Texas – Marshall Division jury in Magistrate Judge Roy Payne’s court returned a verdict for Mr. Henson in a case arising out of injuries he sustained in a trucking collision and awarded $1.4 million in damages.

Motion to Exclude Plaintiff Damages Expert Denied

Judge Payne denied defendant AT&T’s motion seeking to exclude the opinions of plaintiff Smart RF’s damages expert, David Kennedy, finding that the challenged issues largely went to the weight of the testimony rather than its admissibility. The Court held that Kennedy’s income-approach, cost-approach, hypothetical negotiation, and running-royalty opinions were sufficiently reliable under FRE 702 and could be tested through cross-examination at trial rather than excluded outright.  This content is restricted to subscribers