Summary Judgment Rulings on Marking, Willful Infringement and Priority Date
Rulings on three topics in this case on the eve of trial – one with dueling motions.
Willful infringement
Death Penalty Sanctions in Waco
Yes, I’m in trial, but this is too big to pass up.
VLSI Pretrial Rulings
The attached order provides a table formalizing the court’s oral rulings made in the case.
Stipulation Dismissing Induced/Willful Infringement Claims
Again, it’s agreed, but it’s a good model for an agreement to defer this issue. (And yes, the suspender clip on the Duluth Trading suspenders is patented).
Leave to Amend to Add Willfulness Claims in a COVID World
Think we’re going to need that Halo for this one.
Claims of Indirect & Willful Infringement and Liberal Discovery Walk Into A Bar
Well maybe not a bar per se, but they’re definitely having drinks together after this order from Judge Albright which also provides insight into his policies regarding discovery, Rule 11, motions for summary judgment, and blindness.
“Whale fall” JMOL on willful infringement, jury instructions & interest calculations
Earlier this year a Marshall jury in visiting CAFC Judge Bill Bryson’s court rendered a $20 million verdict in favor of the plaintiff against defendant Eli Lilly. Several weeks ago Judge Bryson followed up with an order explaining his reasons for several decisions during trial.
Judge Bryson’s order is an example of what I referred to in my talk about JMOLs week before last at Horseshoe Bay as a “whale fall” – the sort of order that can take weeks to fully digest, but if you’re interested in the subject of getting a JMOL on a plaintiff’s claims of willful infringement or on when certain jury instructions are appropriate or how prejudgment interest is calculated it’s worth it.
Our story begins with the defense counsel rising at trial to assert a JMOL as to the plaintiff’s claim of willful infringement…
Summary judgment on willful infringement
The issue on this motion was whether the plaintiff could go forward with claims of willful infringement. The holding granted the motion, but only on one side of the filing date.
Motion for Summary Judgment of No Willful Infringement
A somewhat common summary judgment motion late in patent cases is one that seeks summary judgment as to the plaintiff’s claims of willful infringement. This case provides a useful example of a ruling on such a motion which is, at least in part, aptly summarized by Collin’s shirt – “I Can Only Please One Person Each Day – Today’s Not Your Day (Tomorrow doesn’t look good either)”. Behind Collin is one of the Rose windows at Notre Dame de Paris, which we learned earlier today … are still standing.
Willful Infringement & Summary Judgment
Two of patent litigants’ favorite topics come together in this afternoon’s essay by Judge Payne ruling on a defendant’s motion for partial summary judgment of willful infringement. (Ever wonder why “infringement” has an “e” and “judgment” doesn’t? I have, but just the once). So crack open a peanut butter cup, and let’s see what the Court had to say.