Our weekly SoCal IP Institute meeting on Monday, April 6, 2015 will be a discussion of two patent cases.
Intellectual Ventures II v. JP Morgan, et. al., No. 2014-1724 (Fed. Cir. April 1, 2015) (available here). Intellectual Ventures sued JP Morgan on five patents alleging patent infringement. JP Morgan moved to stay the lawsuit on the grounds that JP Morgan intended to file CBM petitions. After JP Morgan filed CBM petitions for some of the patents, and before the PTAB ruled on the petitions, the district court denied JP Morgan’s motion to stay. JP Morgan sought interlocutory review and the Federal Circuit dismissed the case on the grounds that the Federal Circuit lacked jurisdiction.
Kilopass Technology, Inc. v. Sidense Corporation, (N. D. Cal. March 11, 2015) (available here). Kilopass sued Sidense in 2010 alleging infringement of one of its patents. The arguments Kilopass made during claim construction conflicted with the arguments Kilopass made before the BPAI during an inter partes reexamination. As a result, the district court held that Kilopass’s contradictory arguments resulted in disavowal of claim scope. The court granted Sidense’s motion for summary judgment of non-infringement. The court found Kilopass’s claims “exceptionally meritless” and awarded Sidense all of its attorney fees under Section 285.
All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, April 6, 2015 at Noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Noelle Smith by 9 am Monday morning.