16 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,142 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Freeman v. Arpaio
125 F.3d 732 (9th Cir. 1997) Cited 1,615 times
Holding that plaintiff must show that defendants burdened the practice of his religion in a Free Exercise claim
Microprocessor Enhancement Corp. v. Texas Instruments Inc.
520 F.3d 1367 (Fed. Cir. 2008) Cited 212 times 2 Legal Analyses
Holding that, while there is a presumption that a claim term will be construed consistently when used throughout the claims, there is no requirement that a claim term be construed uniformly, particularly if it would lead to a “nonsensical reading”
Akamai Techs., Inc. v. Limelight Networks, Inc.
797 F.3d 1020 (Fed. Cir. 2015) Cited 154 times 31 Legal Analyses
Holding that "liability under § 271 can also be found when an alleged infringer conditions participation in an activity or receipt of a benefit upon performance of a step or steps of a patented method and establishes the manner or timing of that performance"
Centillion Data Syst. v. Qwest Comm
631 F.3d 1279 (Fed. Cir. 2011) Cited 118 times 10 Legal Analyses
Holding that software manufacturer did not infringe patent comprising "personal computer data processing means" because "[t]he customer, not Qwest, complete[d] the system by providing the 'personal data processing means' and installing the client software"
HTC Corp. v. IPCom GmbH & Co.
667 F.3d 1270 (Fed. Cir. 2012) Cited 86 times 2 Legal Analyses
Holding that, on appeal, HTC waived its argument that the specification disclosed no algorithm because, before the district court, it only asserted that the specification was indefinite as lacking disclosure of sufficient physical structure
Travel Sentry, Inc. v. Tropp
877 F.3d 1370 (Fed. Cir. 2017) Cited 27 times 1 Legal Analyses
In Travel Sentry, the Federal Circuit held that the district court “erred by defining the relevant activity in an unduly broad manner.
Mankes v. Vivid Seats Ltd.
822 F.3d 1302 (Fed. Cir. 2016) Cited 13 times
Holding that when the governing legal standards have changed during an appeal, the appellate court may vacate a determination made under superseded standards and to remand for consideration under the new standards
Durkee v. Ford Motor Co.
No. C 14-0617 PJH (N.D. Cal. Mar. 13, 2015) Cited 6 times
No. C 14-0617 PJH 03-13-2015 MICHAEL DURKEE, et al., Plaintiffs, v. FORD MOTOR COMPANY, Defendant. PHYLLIS J. HAMILTON United States District Judge ORDER DENYING PLAINTIFFS' MOTION TO ALTER, AMEND, OR VACATE THE JUDGMENT Before the court is the motion of plaintiffs Michael Durkee and Leslie Durkee pursuant to Federal Rules of Civil Procedure 59(e) and 60(b) to reconsider the order granting defendant Ford Motor Company's motion to dismiss the first amended complaint ("FAC"), and the judgment entered
Soverain Software LLC v. J.C. Penney Corp.
899 F. Supp. 2d 574 (E.D. Tex. 2012) Cited 7 times
Upholding a damages calculation that relied on “the value of [non-infringing] products sold via the infringing websites as the royalty base,” considering in particular “the profit earned on these [non-infringing] products”
Rule 59 - New Trial; Altering or Amending a Judgment
Fed. R. Civ. P. 59 Cited 43,409 times 66 Legal Analyses
Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

Free Stream Media Corp. v. Alphonso Inc.

16 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that plaintiff must show that defendants burdened the practice of his religion in a Free Exercise claim

Holding that, while there is a presumption that a claim term will be construed consistently when used throughout the claims, there is no requirement that a claim term be construed uniformly, particularly if it would lead to a “nonsensical reading”

Holding that "liability under § 271 can also be found when an alleged infringer conditions participation in an activity or receipt of a benefit upon performance of a step or steps of a patented method and establishes the manner or timing of that performance"

Holding that software manufacturer did not infringe patent comprising "personal computer data processing means" because "[t]he customer, not Qwest, complete[d] the system by providing the 'personal data processing means' and installing the client software"

Holding that, on appeal, HTC waived its argument that the specification disclosed no algorithm because, before the district court, it only asserted that the specification was indefinite as lacking disclosure of sufficient physical structure

In Travel Sentry, the Federal Circuit held that the district court “erred by defining the relevant activity in an unduly broad manner.

Holding that when the governing legal standards have changed during an appeal, the appellate court may vacate a determination made under superseded standards and to remand for consideration under the new standards

Upholding a damages calculation that relied on “the value of [non-infringing] products sold via the infringing websites as the royalty base,” considering in particular “the profit earned on these [non-infringing] products”

Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"