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Posts by: Libby Moulton

The 4-Hour Plaintiff: Author/Speaker/Podcaster Tim Ferriss Secures Default Judgment

Order Granting In Part And Denying In Part Plaintiffs’ Motion For Default Judgment, Timothy Ferriss, et al. v. Alliance Publishing, Inc., et al., Case No. 15-cv-05675 (Judge Edward M. Chen)

Tim Ferriss is known for authoring The 4-Hour Workweek and other self-help books on the “4-Hour” theme. He may now become known as the “4-Hour Plaintiff” after he and a company he owns, Krisa Performance, obtained a default judgment against defendants alleged to have improperly used his name and likeness in connection with a fraudulent scheme.

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Mind Reading Infringement Contentions

Order Regarding Discovery Letter Briefs, InteraXon Inc. v. NeuroTek, LLC, Case No. 15-cv-05290 (Magistrate Judge Kandis A. Westmore)

InteraXon, maker of a mind reading meditation aid, is not required to read the patentee’s mind to figure out his infringement contentions.

Licensing negotiations between InteraXon and defendants fell apart sometime in the spring of 2015, prompting InteraXon to file a declaratory judgment suit for non-infringement and invalidity against defendants NeuroTek, LLC, MindWaves, Ltd. and Dr. Jonathan Cowan, an inventor of U.S. Patent No. 5,983,129. Dr. Cowan then filed a counterclaim for infringement. READ MORE

Separated at the District Court, Possibly Reunited on Appeal

Defendants Are Reunited Notwithstanding Plaintiff’s Attempts To Keep Them Apart:  Order Denying Plaintiff’s Motion to Stay and Granting Defendant’s Motion for Summary Judgment, Emmanuel Gonzalez v. Tagged, Inc., Case No. 16-cv-00574 (Judge Yvonne Gonzalez Rogers)

“We came into the world like brother and brother,
And now let’s go hand in hand, not one before another.”

William Shakespeare, The Comedy of Errors

In Shakespeare’s The Comedy of Errors, twin brothers are separated at birth and reunited under amusing and confused circumstances many years later. READ MORE

Bench Trial Findings Come Back to Bite Finjan

Collateral Estoppel Results In Summary Judgment On Priority Date, Finjan, Inc. v. Proofpoint, Inc., et al., Case No. 13-cv-05808 (Judge Haywood Stirling Gilliam, Jr.)

How does an accused infringer use a patentee’s prior $40 million infringement win against the patentee? Defendant Proofpoint bolstered its invalidity position by successfully moving to limit patentee Finjan to a later priority date for one of its patents, based on the findings from a related bench trial that otherwise produced a favorable ruling for Finjan. READ MORE