New Federal Rules of Civil Procedure set to take effect December 1, 2015, will have significant impact on patent litigation across the country. In fact, these changes are substantial enough that they may cause courts to rethink and revise local patent rules to accommodate the changes. It is important, therefore, to understand the rule changes.
Federal Rules
Generic Computer System Not Made Patentable by Connection to Other Programs
Vehicle Intelligence & Safety LLC v. Mercedes-Benz USA, LLC, No. 13 C 4417, Slip Op. (N.D. Ill. Jan. 29, 2015) (Hart, Sen. J.).
Judge Hart granted defendants’ Mercedes-Benz USA’s and Daimler’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff Vehicle Intelligence & Safety’s (“VIS”) patent claims as unenforceable because they were patent ineligible…
Foreign Defendant’s Refusal To Concede Jurisdiction In Any State Creates Jurisdiction
Snap-On Inc. v. Robert Bosch, LLC, No. 09 C 06914, Slip Op. (N.D. Ill. Sept. 26, 2013) (Kocoras, J.).
Judge Kocoras denied defendant Beissbarth’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this patent infringement case involving patents relating to an optical wheel alignment system. Plaintiff asserted jurisdiction …
Court Allows Joinder of BitTorrent Does for Early Stages of Case
Purzel Video GmbH v. Does 1-99, No. 13 C 2501, Slip Op. (N.D. Ill. Aug. 16, 2013) (Gottschall, J.).
Judge Gottschall denied various Doe defendants’ motions to quash third party subpoenas to their respective internet service providers (ISPs) as well as motions to sever and dismiss individual Does from this action. This is a …
Intrinsic Evidence Supported Claim Construction That Excluded a Preferred Embodiment
Albecker v. Contour Prods., Inc., No. 09 C 00631, Slip Op. (N.D. Ill. Sept. 27, 2013) (Chang, J.).
Judge Chang decided the parties’ respective Fed. R. Civ. P. 60(b) motions for reconsideration: (1) plaintiff’s motion for reconsideration of the Court’s previous claim construction order; and (2) defendant’s motion for reconsideration of the Court’s previous …
Draft Expert Reports Protected as Work Product
The Medicines Co. v. Mylan, Inc., No. 11 C 1285, Slip Op. (N.D. Ill. June 13, 2013) (St. Eve, J.).
Judge St. Eve denied plaintiff The Medicines Company’s (“TMC”) motion to compel discovery withheld as privileged in this patent dispute. Initially, the Court held that TMC failed to comply with Local Rule 37.2 by …
Pre-Trial Consolidation of Patent Cases is Within the Court’s Discretion
Unified Messaging Sols., LLC v. United Online, Inc., MDL No. 2371, Slip Op. (N.D. Ill. May 3, 2013) (Lefkow, J.).
Judge Lefkow denied defendants’ United Online, Juno Online Services, Netzero and Memory Lane (collectively “UOL Defendants”) motion to deconsolidate their case from this earlier consolidated patent litigation. The Judicial Panel for Multidistrict Litigation transferred …
Doe Defendants Severed in Bit Torrent Case
TCYK, LLC v. Does 1-28, No. 13 C 3839, Slip Op. (N.D. Ill. June 24, 2013) (Guzman, J.).
Judge Guzman sua sponte severed Does 2-28 and dismissed them without prejudice in this Bit Torrent copyright case. Joinder was not proper pursuant to Fed. R. Civ. P. 20 because while the Does were allegedly part …
Multi-Doe Defendant Case Would be a “Logistical Nightmare”
TCYK, LLC v. Does 1-88, No. 13 C 3828, Slip Op. (N.D. Ill. June 24, 2013) (Guzman, J.).
Judge Guzman sua sponte severed Does 2-88 pursuant to Fed. R. Civ. P. 20 & 21 in this Bit Torrent copyright case. Because the Does were not all part of the same “swarm” at the same …
Bit Torrent Doe Allowed to Proceed Anonymously
Malibu Media, LLC v. Reynolds, No. 12 C 6672, Slip Op. (N.D. Ill. Mar. 7, 2013) (Kendall, J.).
Judge Kendall: 1) denied defendant Doe 15’s motion to dismiss; 2) denied Doe 15’s motion to quash the subpoena of Doe 15’s internet provider; 3) granted Doe 15’s unopposed motion to remain anonymous; and 4) severed …