Judge Leonard P. Stark recently considered several summary judgment motions and motions to exclude expert testimony, among others, in Intellectual Ventures I LLC v. Check Point Software, et al., C.A. Nos. 10-1067-LPS, 12-1581-LPS (D. Del. Mar. 31, 2014 – public version released Apr. 14, 2014).
Judge Stark largely denied the parties’ motions to exclude experts, including Symantec’s motion to exclude Plaintiff’s expert for applying the Entire Market Value Rule. Id. at 8-25. Judge Stark found that the expert’s opinion was “permissible” in light of the circumstances that the patent-at-issue was “the essence of the ‘security-as-service’ products.” Id. at 13. Judge Stark did strike the portion of Symantec’s infringement expert’s opinion that contradicted the Court’s construction of the term “indication of a characteristic.” Id. at 24. Judge Stark also largely denied the parties’ summary judgment motions finding that “genuine disputes of material fact preclude[d] summary judgment.” Id. at 27. Judge Stark did, however, grant summary judgment of no willful infringement, finding that Plaintiff could not meet the objective prong of Seagate in light of Symantec’s “reasonable claim construction positions, legitimate defenses to infringement, and credible invalidity arguments.” Id. at 37. Judge Stark also granted Plaintiff’s motion for partial summary judgment on Trend Micro’s affirmative defenses, finding that Trend Micro put forth insufficient evidence in support of the defenses. Id. at 38-41.
Judge Stark also denied Symantec’s and Trend Micro’s motions for leave to amend their answers to add an antitrust-related claim. Judge Stark found that the evidence underlying the proposed additional claim was known or should have been known to defendants prior to the deadline to amend pleadings in May 2012. Id. at 41-44. Last, Judge Stark denied Defendants’ motion for sanctions for Plaintiff’s failure to “fulfill its duty to preserve the database created by the inventors” of one of the patents-in-suit. Id. at 44. Judge Stark found that a CD containing the database was misplaced in 2006, but Plaintiff’s “conduct in attempting to locate the CD is inconsistent with a suggestion of bad faith misconduct and intentional destruction of evidence.” Id. at 47. Further, Judge Stark found that no evidence indicated that in 2006 litigation was “either pending or reasonably foreseeable.” Id.