No appellate jurisdiction for non-final judgments of lack of notice under Section 287

Iron Oak Techs. v. Microsoft is a nonprecedential case decided on June 8, 2020, on appeal from the Northern District of Texas. In 2016 and 2017, Iron Oak sued various electronics manufacturers. Because those lawsuits implicated Microsoft’s products, Declaratory Plaintiff Microsoft sued Iron Oak “seeking a declaratory judgment action that …

Continuation of a continuation is impliedly licensed under the grandparent patent’s license agreement

Cheetah Omni LLC v. AT&T was decided on February 6, 2020, on appeal from the Northern District of Texas. Plaintiff Cheetah asserted that Defendant AT&T’s fiber equipment and services infringed its ‘836 patent. Ciena moved to intervene in the lawsuit because it manufactures and supplies certain components for AT&T’s fiber …

Dismissal with prejudice for lack of standing makes defendant a prevailing party for attorney fees

Raniere v. Microsoft was decided on April 18, 2018 on appeal from the Northern District of Texas. The district court dismissed plaintiff Raniere’s action with prejudice for lack of standing for Raniere’s failure to show ownership interest. Defendants, including Microsoft, moved for attorney fees under §285. The district court award fees and costs …

Court retained declaratory jurisdiction despite that DJ-defendant sold its IP assets prior to the DJ action

Industrial Models v. SNF is a nonprecedential case decided on November 7, 2017 on appeal from the Northern District of Texas. This suit relates to Industrial Models’ decision to enter the market for fiberglass utility bodies for use in trucks. In February 2013, plaintiff SNF sent defendant Industrial Models a cease-and-desist letter indicating that …

Expert methodology is admissible despite being neither published nor peer reviewed

Summit 6 v. Samsung was decided on September 21, 2015 on appeal from the Northern District of Texas. The patent relates to the processing and uploading of digital photos. The jury found plaintiff Summit’s patent not invalid and infringed, and awarded Summit $15 million in damages. Summit settled with another defendant, RIM, before trial. …