Claim Preclusion (Res Judicata)

Did the Defendant Know? Filing a Complaint Can Sustain the Knowledge Element Required to Maintain a Claim of Induced Infringement

Order Granting Motion to Dismiss and Denying Request for Attorneys’ Fees and Sanctions, Edwin Lyda v. CBS Interactive, Inc., Case No. 16-cv-06592-JSW (Judge Jeffrey S. White)

In a helpful ruling for defendants, Judge White held in a recent order that res judicata prevented a plaintiff from filing a complaint for alleged inducement of patent infringement after a prior suit for direct infringement was dismissed with prejudice.  He held that the filing of the original complaint provided a colorable basis to allege the knowledge element of an inducement claim, and thus there was nothing to prevent the pursuit of an inducement claim in the original case. READ MORE

Magistrate Judge Grewal Wrestles with Kessler

Report and Recommendation Denying Motion For Judgment On the Pleadings, Technology Properties Limited LLC v. Barnes & Noble, 3:12-cv-03863-VC (Magistrate Judge Grewal)

“Talk up anyone in the patent litigation business, and she will almost certainly agree: the International Trade Commission (ITC) is as important a forum for resolving patent matters as any federal district court. And for good reason. READ MORE

Searching for Ways to Avoid Relitigating Noninfringing Products? The Kessler Doctrine Can Help.

Summary Judgment Granted to Defendants, SpeedTrack, Inc. v. Office Depot, Inc., et al., Case No. C 07-3602 (Judge Hamilton)

How can you prevent serial patent litigation over the same product against different defendants?  Let us count the ways.  After considering three different arguments for barring SpeedTrack’s patent infringement claims, Judge Hamilton granted summary judgment to defendants on two grounds: (1) res judicata and (2) the Kessler doctrine, which has recently gained new life from the Federal Circuit.

This was not the first case brought by SpeedTrack on its patent covering category-based search filters: SpeedTrack had earlier sued Wal-Mart under the same patent.  READ MORE