Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest
E.D. Tex.

Imperium IP Holdings (Cayman), Ltd. v. Samsung Electronics Co., Ltd. et al, No. 4:14-cv-00371 (E.D. Tex. Aug. 22, 2016)

Denied
Court
U.S. District Court for the Eastern District of Texas, Sherman Division
Case No.
No. 4:14-cv-00371, Dkt. No. 328
Decided
August 22, 2016
Judge
See opinion
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION AND ORDER - It is therefore ORDERED that Defendants Motion to Strike Products Imperium Failed to Accuse in Its 029 Contentions from Imperiums Experts Report (Dkt. 135) is hereby DENIED. It is further ORDERED that Defendan…
Length
3 pages

United States District Court

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

IMPERIUM IP HOLDINGS (CAYMAN), §

LTD. §

§ CIVIL ACTION No. 4:14-CV-371

v. § Judge Mazzant

§

SAMSUNG ELECTRONICS CO., LTD., §

SAMSUNG ELECTRONICS AMERICA, §

INC., SAMSUNG §

TELECOMMUNICATIONS AMERICA, §

LLC, AND SAMSUNG SEMICONDUCTOR, §

INC. §

MEMORANDUM OPINION AND ORDER

Before the Court are several motions ruled on orally on January 29, 2016. On September 30, 2015, Defendants filed a Motion to Strike Products Imperium Failed to Accuse in Its ‘029 Contentions from Imperium’s Expert’s Report (Dkt. #135). Plaintiff filed a response on October 19, 2015 (Dkt. #145). On October 29, 2015, Defendants filed a reply (Dkt. #150). On November 9, 2015 Defendants filed a sur-reply (Dkt. #158). After consideration of the motion and the relevant pleadings, the Court determined at pretrial that the motion should be denied (Trial Tr. 1/29/16 at 5:1-5).

On October 16, 2015, Defendants filed a Motion to Strike Portions of Dr. Cameron H.G. Wright’s Rebuttal Report Concerning Validity Positions Not Previously Disclosed by Imperium (Dkt. #143). On November 2, 2015, Defendants filed a response (Dkt. #153). On November 12, 2015, Plaintiff filed a reply (Dkt. #162). On November 23, 2015, Defendants filed a sur-reply (Dkt. #168). After consideration of the motion and the relevant pleadings, the Court determined at pretrial that the motion should be denied (Trial Tr. 1/29/16 at 4:19-21).

2On December 8, 2015, Defendants filed a Motion for Leave to File Further Claim Construction Briefing (Dkt. #180). On December 21, 2015, Plaintiff filed a response (Dkt. #185). On December 23, 2015, Defendants filed a reply (Dkt. #187). On December 28, 2015, Defendants filed a sur-reply (Dkt. #190). After consideration of the motion and the relevant pleadings, the Court determined at pretrial that the motion should be denied (Trial Tr. 1/29/16 at 4:22-23).

On December 23, 2015, Defendants filed a Motion for Leave to Submit Supplemental Expert Reports (Dkt. #186). On January 11, 2016, Plaintiff filed a response (Dkt. #200). On January 22, 2016, Defendants filed a reply (Dkt. #220). After consideration of the motion and the relevant pleadings, the Court determined at pretrial that the motion should be denied (Trial Tr. 1/29/16 at 4:24-25).

It is therefore ORDERED that Defendants’ Motion to Strike Products Imperium Failed to Accuse in Its ‘029 Contentions from Imperium’s Expert’s Report (Dkt. #135) is hereby DENIED.

It is further ORDERED that Defendants’ Motion to Strike Portions of Dr. Cameron H.G. Wright’s Rebuttal Report Concerning Validity Positions Not Previously Disclosed by Imperium (Dkt. #143) is hereby DENIED.

It is further ORDERED that Defendants’ Motion for Leave to File Further Claim Construction Briefing (Dkt. #180) is hereby DENIED.

It is further ORDERED that Defendants’ Motion for Leave to Submit Supplemental Expert Reports (Dkt. #186) is hereby DENIED.

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Cite this opinion

Imperium IP Holdings (Cayman), Ltd. v. Samsung Electronics Co., Ltd. et al, No. 4:14-cv-00371 (E.D. Tex. Aug. 22, 2016).

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