It is a “well-established rule that suits against alien defendants are outside the operation of the federal venue laws.”[1] Judge Gilliam stopped a declaratory judgment plaintiff’s attempt to initiate a parallel lawsuit in California when only the plaintiff’s foreign parent was sued
N.D.Pa.L.
Northern district patent litigation blog
The N.D.Pa.L. blog, published by Perkins Coie LLP, focuses on legal developments and case law primarily within the Northern District of California and related federal litigation contexts. It covers topics such as patent litigation, including issues around expert disclosures and infringement contentions, Hatch-Waxman pharmaceutical patent disputes, deposition procedures and evidentiary rules, and procedural aspects like joinder of parties and motions to strike expert reports. The blog provides analysis of court rulings on procedural and substantive patent law issues, discovery obligations, and litigation strategy relevant to intellectual property, pharmaceutical law, and complex commercial litigation.
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WOSS Fitness Bands Suffer Post-Trial Pain
After a jury verdict of willful infringement, almost $6,000,000 in patent-related damages, and a Chapter 7 bankruptcy, Judge Freeman increased WOSS’s legal troubles by granting TRX’s motions for enhanced damages and attorneys’ fees.[1]
Enhanced Damages. Judge Freeman first granted TRX’s…
Invalidity Ruling Withdrawn After Second Look, Two Years Later
In an unusual sequence of events, Judge Freeman reconsidered and withdrew her previous ruling that plaintiff Fitness Anywhere LLC’s (“TRX”) Patent No. 7,806,814 (“’814 Patent”) was invalid.
TRX accused defendant Woss Enterprises LLC’s (“Woss”) of infringing the ’814 Patent via…
TC Heartland Trumps Pendent Venue
Olivia Garden was founded in Belgium in 1967 by husband and wife team Jean and Micheline Rennette (pictured right). According to its website, Olivia Garden was and continues to be a pioneer in hairstyling, including introducing the first truly…
No Inconsistent Positions Means No Judicial Estoppel
Image from Google’s Project Loon webpage.
Judicial estoppel made a surprise appearance before Judge Freeman on May 18, 2018 when she heard (and denied) Space Data Corporation’s (“Space Data”) motion for partial summary judgment that Alphabet…
ADR Phone Conference No Longer Required
In the Northern District of California, most civil cases are assigned at filing to the “ADR Multi-Option Program,” which generally requires the parties to participate in one non-binding ADR process offered by the Court within 90 days of entry of…
If It’s Not In The Specification, It Doesn’t Count
In one of the first post-Berkheimer decisions to invalidate patent claims on the pleadings, Judge Yvonne Gonzalez Rogers invalidated thirty-seven claims across four patents asserted in fourteen cases filed by Cellspin Soft, Inc. because the claims were patent-ineligible. Her order…