Chief United States District Judge Laura Taylor Swain (S.D.N.Y.) recently transferred an action for patent infringement brought pro se by Rachel Ohana (“Ohana”) against Mars Petcare US, Inc. (“Mars Petcare”) to the United States District Court for the District of...

United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc. (collectively “Samsung”) to compel non-party Microchip Technology Incorporated (“Microchip”) to “produce documents and to testify at a deposition”...

On August 22, 2024, Judge Alvin K. Hellerstein (S.D.N.Y.) denied Google LLC’s motion for summary judgment that (1) it has not infringed two asserted patents; and (2) the two patents are invalid for lack of written description. See Weisner v....

In an ongoing patent dispute between manufacturers of armored fiber optic cables, Judge Choudhury (E.D.N.Y.) recently resolved competing motions to dismiss on several grounds.  In doing so, she ruled that Defendant Point 2 Point Communications Corporation (“P2P”) lacked Article III...

On June 21, 2024, Judge Jesse M. Furman (S.D.N.Y.) denied Monday.com Ltd. (“Monday”)’s motion to dismiss a complaint for patent infringement by plaintiff Michael Philip Kaufman.  See Kaufman v. Monday.com Ltd., 23-CV-5864 (June 21, 2024). Kaufman holds three patents (the ’981...

Defendants in patent cases should be wary of the possibility that a plaintiff will attempt to add new defendants after a stay for inter partes review is lifted.  In a pending case involving patents directed to “space partitions,” Judge Ho...

On June 14, 2024, Judge Margaret M. Garnett of the Southern District of New York granted a motion for a preliminary injunction in a declaratory judgment action filed by accused infringer PowX Inc., which barred the sales of PowX’s foam...

On June 17, 2024, United States District Court Judge Dale E. Ho ruled on several motions related to Plaintiff Spin Master, Ltd.’s service of process on Defendants Leqiong, Monkki, Onecemore, Chenghai Lucky Boy Toys Co., Ltd. ("Chenghai"), Yucmed Store, Aomore-US,...

On April 24, 2024, United States District Court Judge Paul G. Gardephe (S.D.N.Y.) construed claims of three patents asserted by Network-1 Technologies, Inc. against Google LLC and YouTube, LLC.  The court found the asserted claims of two U.S. Patents, Nos....

On April 10, 2024, Judge Dale E. Ho granted a motion to quash a third-party subpoena served on Major League Baseball player Bryce Harper in connection with a patent infringement lawsuit filed by Athalonz, LLC against Under Armour, Inc. in...

On February 21, 2024, Judge Rakoff (S.D.N.Y) granted a defendant’s motion for attorney’s fees and costs in Carnegie Institute of Technology v. Fenix Diamonds. The Carnegie Institution for Science and its patent licensee, the now-bankrupt M7D Corp., accused Fenix Diamonds...

On February 23, 2024, Judge McMahon (S.D.N.Y.) entered findings of fact and conclusions of law pertaining to issues relating to Defendant Lutron Electronics Co. (“Lutron”)’s defenses of invalidity and unenforceability of U.S. Patent Nos. 9,237,821 (“the ’821 Patent”) and 10,294,717...

On January 5, 2024, Judge McMahon (S.D.N.Y.) decided Plaintiff GeigTech East Bay LLC (“GeigTech”)’s and Defendant Lutron Electronics Co. (“Lutron”)’s motions in limine. Lutron moved in limine to exclude, among other things, the following: Mention of the Patent Trial and Appeal Board’s...

On January 31, 2024, Judge Jessica G. L. Clarke granted an intervenor’s motion to stay pending the conclusion of a U.S. Patent and Trademark Office inter partes review of the asserted patent that was filed by a third party.  In...

On December 28, 2023, District Judge Subramanian (S.D.N.Y.) issued claim construction rulings in Nike, Inc. v. Lululemon USA Inc. on four disputed terms.  The Court resolved two of the disputed terms in favor of Nike, Inc. (“Nike”); adopted a modified...

In a patent case brought against 163 defendants that was voluntarily dismissed by the plaintiff, Judge Rochon issued an opinion that offers guidance for defendants that have been wrongfully enjoined via an ex parte temporary restraining order. Plaintiff Jiangsu Huari Webbing...

On December 21, 2023, Judge McMahon (S.D.N.Y.) denied GeigTech East Bay LLC’s (“GeigTech”) motion to preclude Lutron Electronics Co. (“Lutron”) from raising an affirmative defense of invalidity based on 35 U.S.C. § 325(e)(2), i.e., the Post-Grant Review (“PGR)” estoppel provision. Specifically,...

On November 22, 2023, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) provided some rare insight into “the applicability and scope of the attorney-client privilege as it relates to patent counsel.”  Op. at 1.  Judge Reznik explained that the attorney-client privilege...

On December 1, 2023, Judge Gary R. Brown (E.D.N.Y.) awarded Plaintiff Dynamite Marketing, Inc. (“Plaintiff”) fees and costs, declined to enhance damages, granted a permanent injunction against future infringement, and denied each of Defendants’ motions for judgment as a matter...

On November 14, 2023, Judge Paul G. Gardephe issued an order directing plaintiff Riggs Technology Holdings, LLC (“Riggs”) to show cause for why its complaint for patent infringement should not be dismissed with prejudice.  Plaintiff Riggs had filed three litigations...

On October 30, 2023, Judge Brian M. Cogan (E.D.N.Y) transferred a declaratory judgement patent dispute from the Eastern District of New York to the Central District of California under 28 U.S.C. § 1406, on the basis of improper venue. See...

In a recent decision in a patent case between massage-device companies, Judge Gardephe (S.D.N.Y.) adopted two recommendations of the magistrate judge.  The first R&R recommended denial of Defendant Tzumi’s motion for partial summary judgment, in which Tzumi asserted non-infringement arguments,...

On September 20, 2023, Judge McMahon (S.D.N.Y.) issued rulings on the parties’ multiple motions to strike, exclude the opinions and proposed testimony of multiple experts, and for summary judgment in a case brought by Geigtech East Bay LLC (“Geigtech”) against Lutron Electronics...

On May 1, 2023, United States District Judge J. Paul Oetken (S.D.N.Y.) denied plaintiff Nike, Inc. (“Nike”)’s motion to disqualify counsel for defendant, Lululemon USA Inc. (“lululemon”).  In an action concerning patents related to Nike’s Flyknit shoe technology, Judge Oetken...

On September 25, 2023, Judge Jessica Clarke (S.D.N.Y.) granted third party Compound Lab, Inc.'s ("Compound Labs”) motion to intervene in a patent infringement action filed by True Return Systems LLC (“True Return”) against Compound Protocol (“the Protocol”).  Compound Labs is the...

In a patent case involving claims directed to train-traffic-control systems, Judge Failla of the Southern District of New York denied Defendant Amtrak’s motion to dismiss, rejecting Amtrak’s arguments that Plaintiff Railware, Inc.’s patent claims were directed to an abstract idea. ...

On July 28, 2023, Judge Gonzalez (E.D.N.Y.) denied Defendant Shenzhen Keenray Innovations Ltd.’s (“Keenray”) motion to vacate the December 18, 2022 Order for Entry of a Preliminary Injunction ("Preliminary Injunction Order”). Keenray argued that the Preliminary Injunction Order should be vacated because,...

On September 5, 2023, United States District Judge J. Paul Oetken (S.D.N.Y.) construed several terms raised by Plaintiff Dynamics, Inc. (“Dynamics”) and Defendant Samsung Electronics Co., Ltd. (“Samsung”), including “Analog waveform.”  Specifically, the Court construed five terms of U.S. Patent No. 8,827,153...

On August 4, 2023, United States District Judge Jennifer L. Rochon (S.D.N.Y.) granted Plaintiff Nanobebe US Inc.’s (“Nanobebe”) motion to stay the case pending the resolution of an instituted inter partes review (“IPR”) proceeding seeking to invalidate Mayborn (UK) Ltd.’s (“Mayborn”)...

On August 8, 2023, Judge Katharine H. Parker (S.D.N.Y.) denied Spectrum Dynamics Medical Limited’s (“Spectrum”) motion to compel the production of documents that it argued fell under the crime-fraud exception to the attorney-client privilege.  See Spectrum Dynamics Med. Ltd. v....

On June 5, 2023, Judge Engelmayer (S.D.N.Y.) dismissed  Plaintiffs' infringement claims against Defendants. After the U.S. Patent & Trademark Office cancelled the asserted patent—U.S. Design Patent No. D746,078—Defendants requested an entry of judgment dismissing Plaintiffs’ infringement claim with prejudice, and dismissing Defendants’...

On May 2, 2023, Judge Steven I. Locke (E.D.N.Y) granted Kettenbach GmbH & Co. KG and Kettenbach LP’s (together, “Kettenbach”) motion to bring a defense and counterclaim that a patent Kettenbach is alleged to have infringed is unenforceable due to...

On March 23, 2023, Magistrate Judge Wang (S.D.N.Y.) recommended granting-in-part and denying-in-part Defendants’ T-Mobile, USA, Inc. and Samsung Electronics America, Inc.’s (collectively, “Defendants”) motion to dismiss the First Amended Complaint (“FAC”) filed by Plaintiff Bobcar Media, LLC (“Plaintiff”). The FAC alleged,...

On March 24, 2023, Judge John P. Cronan found the asserted claims of two patents to be directed to abstract ideas under 35 U.S.C. § 101, but sua sponte granted leave to amend the complaint and plead additional facts relevant to eligibility. Plaintiff...

On March 7, 2023, Judge Paul A. Engelmayer ruled that claims directed to computerized methods and systems for “timekeeping of tasks on a document-by-document, telephone call-by-telephone call, and client service-by-client service basis” are ineligible for patenting under 35 U.S.C. §...

On January 23, 2023, United States District Judge Lorna G. Schofield (S.D.N.Y.) denied Maropost Marketing Cloud, Inc.’s (“Maropost”) motion to declare its dispute with Zeta Global Corp. (“Zeta”) exceptional for purposes of awarding attorney’s fees under 35 U.S.C. § 285.  Zeta brought...

On February 24, United States District Judge Ronnie Abrams (S.D.N.Y.) granted defendants lululemon USA Inc. and Curiouser Products Inc. d/b/a Mirror (collectively “lululemon”)’s motion to stay pending inter partes review.  Judge Abrams ordered the stay even though the IPRs have...

On January 17, 2023, Judge Nelson Romàn (S.D.N.Y) granted a motion by defendants LifeCore Fitness (“LifeCore”) and Assault Fitness (“Assault”) to dismiss state law claims as pre-empted or time-barred in a patent infringement case involving treadmill designs. See Speedfit LLC...

On February 21, 2023, United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recommended that Defendant FindMine, Inc.’s (“FindMine”) motion to dismiss the complaint of Plaintiff Stylitics, Inc. (“Stylitics”) be granted for failure to claim patent-eligible subject matter. Stylitics asserted that FindMine infringed...

You are a patent holder seeking default judgment against an infringer.  What requirements must you meet to obtain default judgment, damages, attorneys’ fees, and pre-judgment interest?  Magistrate Judge Scanlon recently articulated those requirements in a patent case involving drinking glasses...

On January 24, 2023, District Judge Jesse M. Furman (S.D.N.Y.) granted  Defendant Block, Inc.’s (“Block”) motion to dismiss on the ground that the claims of U.S. Patent No. 9,009,113 (“the ’113 patent”) were directed to an abstract idea not eligible for...

On December 18, 2022, Judge Gonzalez (E.D.N.Y.) granted-in-part and denied-in-part Plaintiff Sound Around Inc.'s motion for entry of a preliminary injunction against Defendants Shenzhen Keenray Innovations Ltd., Danxia Wu, and Weng Feng Peng (a/k/a Fenson Peng) pursuant to Federal Rule...

Three weeks after recommending deferral of claim construction in a patent dispute between competing massage-device companies, Magistrate Judge Lehrburger recommended denying Defendant Tzumi’s motion to dismiss Plaintiff Therabody’s claims of willful infringement of eight patents in its second amended complaint. ...

What does it mean for a handle of a massage device to be “graspable”?  We do not yet know.  In Therabody, Inc. v. Tzumi Electronics LLC, No. 21-CV-7803, 2022 BL 425916 (S.D.N.Y. Nov. 28, 2022), Magistrate Judge Lehrburger rejected one...

On October 4, 2022, District Judge Lewis J. Liman (S.D.N.Y.) granted a motion to stay pending the resolution of a motion to dismiss in a parallel proceeding. In April 2022, Plaintiff Diatek Licensing LLC (“Diatek”) asserted that Estrella Media, Inc....

On August 25, 2022, Judge Hellerstein (S.D.N.Y.) granted defendant SAS Institute’s (“SAS”) motion to dismiss plaintiff Invincible IP LLC’s (“Invincible”) complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). At the outset of its analysis,...

On August 31, 2022, District Judge Andrew L. Carter, Jr. (S.D.N.Y.) found patent claims directed to a personal organizer with a location-based reminder function on a mobile phone to be directed to an abstract idea ineligible for patenting under 35 U.S.C....