“Flagrant” – enhanced damages, exceptional case status & injunctions

I have posted many times on the Tinnus v. Telebrands litigation, which involves water balloon patents. Another order is now out, this time involving postverdict motions including recovery of enhanced damages and attorneys fees for “exceptional” case status, as well as and entry of a permanent injunction. It is one readers will want to study, as it contains some actions that are extraordinary – even by patent litigation standards. When a court’s order uses the term “flagrantly” multiple times, you know things are about to get very interesting. There is much to be learned here, so let’s begin …

Oil field technology patent verdict

I’m posting a few pictures from our trip to the Capitol with the local Chamber of Commerce (and our two youngest boys, who served as House pages) last week as they seem appropriate for a verdict from a patent case involving oil field technology. The verdict came from Texarkana last week, where a jury in Judge Schroeder’s court rendered a defense verdict on infringement. Invalidity wasn’t submitted.

Rulings on motions in limine in patent cases

I finished reading these rulings on the parties’ motions in limine in a recent patent case this afternoon and decided that there was nothing unusual enough in them to justify a post analyzing them, but am posting the order anyway simply to show examples of common rulings in response to common issues in patent cases.  These are always worth reviewing so that when a similar issue comes up, you have an idea what the ruling is likely to be if the issue is disputed, including the specific language that might be appropriate for an agreed limine.

Order on Claim Construction Briefing Term & Page Limits

Many courts have default rules that restrict claim construction briefing.  They might be page limits applicable either to claim construction or to motions in general, or a presumptive limit on the number of terms to be construed, either in toto or at a time.  This order deals with a case where limits on both were in place and a party sought leave to expand both the number of terms and the page limits, as well as asking the Court to apply constructions from a prior.  It indicates which of these arguments work, and which might be best left on the hard drive.