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Force Majeure in California: Does the COVID-19 Pandemic Qualify? Part 3 – Practical Guidance
7 May 2020, 11:12 am by Stan Gibson and Jessica Newman
A Three Part Series By Stan Gibson and Jessica Newman Part 3 – Practical Guidance: Force Majeure and the COVID-19 Pandemic   See Part 1 – What Constitutes a Force Majeure See Part 2 – Asserting Force Majeure See Part 3 – Practical Guidance Practical Guidance for Addressing Force Majeure in the COVID-19 Pandemic Parties on both sides of a contract must weigh their options when faced with a force majeure event and should take steps to ensure that they… [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
District Court Vacates $45 Million Damage Award But Holds That Plaintiff Did Not Waive Right to Damages Award Due to Invalid Damages Theory Put Forward at Trial
5 May 2020, 11:13 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Force Majeure in California: Does the COVID-19 Pandemic Qualify? Part 2 – Asserting Force Majeure
30 Apr 2020, 11:32 am by Patent Litigation Group
A Three Part Series By Stan Gibson and Jessica Newman Part 2 – Asserting Force Majeure   See Part 1 – What Constitutes a Force Majeure When to Assert Force Majeure As discussed in Part I, the party claiming inability to perform must be able to show that its performance is impossible or unreasonably difficult due to unforeseeable circumstances beyond its control. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Defendant’s Motion to Exclude Plaintiff’s Lost Profits Damage Expert Denied Even Though Plaintiff’s Expert’s Opinion Was Contradicted by Testimony from Plaintiff’s Corporate Designee
29 Apr 2020, 9:16 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Force Majeure in California: Does the COVID-19 Pandemic Qualify? Part 1 – What Constitutes Force Majeure
23 Apr 2020, 12:22 pm by Patent Litigation Group
A Three Part Series By Stan Gibson and Jessica Newman Part 1 – What Constitutes a Force Majeure   Introduction The ongoing COVID-19 Pandemic is disrupting day-to-day operations, supply and delivery chains and general contractual obligations around the world and throughout California. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
District Court Permits Ex Parte Communication with Former Employee and Co-Inventor of Plaintiff But Orders Defendants to Turn Over Certain Email Communications
20 Apr 2020, 2:21 pm by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548/SGibson@jmbm.com or Julia Consoli-Tiensvold at 310.785.5311/JCTiensvold@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
District Court Permits Ex Part Communication with Former Employee and Co-Inventor of Plaintiff But Orders Defendants to Turn Over Certain Email Communications
20 Apr 2020, 2:21 pm by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548/SGibson@jmbm.com or Julia Consoli-Tiensvold at 310.785.5311/JCTiensvold@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Replacement Technical Expert Does Not Justify Amendment of Invalidity Contentions
13 Apr 2020, 12:33 pm by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Court Declines to Extend Fed.R.Evid. Rule 502(d) to Proprietary and Confidential Communications
2 Apr 2020, 10:44 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Special Master Recommends Fee Award Based on Flat Fee Agreement But Cuts Amount of Reasonable Attorney’s Fees Based on Lack Documentation
11 Mar 2020, 11:22 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
District Court Grants Attorney’s Fees Where Plaintiff Pursued Plainly Invalid Patents
4 Mar 2020, 10:03 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
District Court Disqualifies Defense Counsel Where Law Firm Previously Did Work for Wholly Owned Subsidiary of Plaintiff Before Subsidiary was Acquired
26 Feb 2020, 9:51 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
District Court Grants Motion for Attorney’s Fees Where Plaintiff Conducted No Investigation Prior to Filing Patent Infringement Suit
11 Feb 2020, 11:10 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
District Court Grants Motion for Summary Judgment on Willfulness Where Defendant Had No Knowledge of the Patent Prior to the Filing of the Lawsuit
4 Feb 2020, 9:36 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Court Finds Attorneys in Contempt of Court for Violating Protective Order Where Attorneys Shared Confidential Materials Under Joint Defense Agreement
16 Jan 2020, 10:31 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Maxell v. Apple: Court Denies Motion To Dismiss Claim for Induced Infringement
31 Oct 2019, 2:08 pm by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
District Court Finds Patents Invalid for Inequitable Conduct Because Inventor Withheld Material Information Of Prior Sales From USPTO And Litigation Misconduct Justified Inference of Non-Disclosure with An Intent to Deceive
18 Oct 2019, 8:44 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Motiva v. HTC: Allegations of Willful Blindness Sufficient to Defeat Motion to Dismiss a Claim for Willful Infringement
3 Oct 2019, 10:17 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
District Court Excludes Expert’s Opinion on What He Believed a PTO Examiner Would Have Done Had the Plaintiff Disclosed Additional Information to the PTO as Speculative
26 Sep 2019, 10:27 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Patent Licensee Has Standing to Pursue Patent Infringement Claim Against Patent Licensor/Owner Where Patent Agreement Granted Exclusive License And Did Not Carve Out Patent Owner’s Products
18 Sep 2019, 10:30 am by Stan Gibson
For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/