Golden Bridge Technology (“GBT”) sued Apple and other defendants (the “Apple action”), and Amazon.com, Inc. and other defendants in two separate actions alleging infringement of U.S. Patent No. 6,574,267 C1 and 7,359,427. The patents-in-suit “relate generally to wireless cellular networks and teach a method for establishing a communication link between a mobile station, such as a cellular telephone, and a base station.” Golden Bridge Technology Inc. v. Apple Inc., et al., C.A. Nos. 10-428-SLR, 11-165-SLR (D. Del. Apr. 9, 2013) (Claim Construction Memorandum Opinion). The cases were consolidated for claim construction but claims other than those against Apple were stayed.
Judge Robinson held oral argument on claim construction on March 19, 2013 and recently issued her claim construction Opinion, construing the following terms of the patents-in-suit:
“Discrete Power Level”
In construing “Access Preamble”/“Preamble,” the Court considered the estoppel effect of the construction of claims of the ‘267 patent in a prior suit filed by GBT in Texas against other defendants. The Court held that collateral estoppel was not applicable because the issues decided by the Texas Court were not identical to this case. Specifically, the ‘427 patent, although a related patent, was not issued until after the conclusion of the Texas case, and the ‘267 patent was reexamined after the Texas case concluded, resulting in different claims and additional prosecution history. Id. at 9.
Following the Court’s claim construction Opinion, Judge Robinson issued the Court’s Memorandum Opinion on Summary Judgment in the Apple Action. Golden Bridge Technology Inc. v. Apple Inc., et al., C.A. No. 10-428-SLR (D. Del. Apr. 9, 2013) (Summary Judgment Memorandum Opinion). Judge Robinson considered GBT’s motion for partial summary judgment of infringement and Apple’s motions for summary judgment of non-infringement and invalidity. Judge Robinson denied GBT’s motion and granted Apple’s motion as to non-infringement. Although Judge Robinson found that Apple’s accused products and related processes practiced “the ‘discrete power level’ limitation” of the asserted claims, GBT did not identify “a genuine issue of material fact regarding the limitation of ‘spreading the access preamble” or of a “spread across preamble.” Id. at 14-15. Therefore, summary judgment of non-infringement was appropriate.
In the Apple action, Judge Robinson also considered various motions to exclude and strike expert testimony. Golden Bridge Technology Inc. v. Apple Inc., et al., C.A. No. 10-428-SLR (D. Del. Apr. 9, 2013) (Memorandum Order). Apple moved to strike GBT’s untimely expert opinions and moved to exclude certain other expert opinions. Id. at 2. GBT also filed two Daubert motions. Id. The Court granted-in-part GBT’s Daubert motion that sought to exclude opinions on the inventors’ lack of diligence in preparing and filing the patent application, and failure to meet the written description requirements of 35 U.S.C. § 112. Judge Robinson excluded the expert’s opinions on diligence because the expert was not a patent attorney or an expert in patent law. Id. at 3. Judge Robinson denied Apple’s Daubert motion that sought to exclude an expert’s rebuttal opinion on validity, a rebuttal opinion on attorney diligence, and two experts’ opinions and untimely supplements regarding infringement. Id. at 4. The court granted Apple’s motion as to attorney diligence, finding it would not be helpful to the jury, because it was “based not on records but on speculation[.]” Id. Judge Robinson denied Apple’s motion in all other respects. Even though GBT’s experts’ infringement opinions were offered before the court issued its claim construction, the Court found that any disagreement between the opinions and the Court’s construction “is more properly reserved for cross-examination[.]” Id. at 5.
Finally the Court denied both GBT and Apple’s motions to exclude or strike testimony “regarding the definition of ‘bandwith.’” Id. at 6. The Court found the opinions admissible under Daubert, and any issues with the testimony could be dealt with on cross examination. Id. Furthermore, GBT’s “untimely” expert opinion was admissible because it was “necessary to respond to criticisms lodged by Apple’s expert . . . in his rebuttal report.” Id.
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