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Separated at the District Court, Possibly Reunited on Appeal

USA - June 17 2016 In Shakespeare’s The Comedy of Errors, twin brothers are separated at birth and reunited under amusing and confused circumstances many years later…

Libby Moulton.

The “Pot, Kettle, Black” Doctrine

USA - May 17 2016 The adage “the pot calling the kettle black”—referring to someone who is guilty of the very thing that he accuses another of—is a bit of equitable…

Randy Wu.

Bench Trial Findings Come Back to Bite Finjan

USA - April 20 2016 How does an accused infringer use a patentee’s prior $40 million infringement win against the patentee? Defendant Proofpoint bolstered its invalidity…

Libby Moulton.

Simple Beats Precise: No Need for Carve-Outs Before Using Previously Produced Discovery

USA - April 7 2016 Here is a riddle for you: when can an interest in reducing cost and burden justify broader discovery? The answer: when documents previously produced…

Lillian J. Mao.

District Courts Won’t Wait Forever: Stay Lifted Pending Rehearing of IPR Denial

USA - April 6 2016 As we have reported in the past, judges in the Northern District are generally willing to stay a case pending IPR, and sometimes even before the PTAB…

Lillian J. Mao.