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ARTICLE · 14 APRIL 2016

IP Newsflash - April 8, 2016

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On February 29, 2016, Judge Robert Payne of the Eastern District of Virginia declared a mistrial as to two patents-in-suit, in view of plaintiff's failure to disclose evidence relied upon by its infringement expert.

United StatesIntellectual Property
Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP
Michael Kahn
Michael Kahn
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DISTRICT COURT

Expert's Failure to Disclose Certain Materials Relied upon in Forming Opinion Warrants Mistrial

On February 29, 2016, Judge Robert Payne of the Eastern District of Virginia declared a mistrial as to two patents-in-suit, in view of plaintiff's failure to disclose evidence relied upon by its infringement expert. The court declared the mistrial to provide the parties with an opportunity to engage in curative expert discovery related to the undisclosed materials, with reasonable fees and costs to be paid by plaintiff.

Samsung Electronics Co., Ltd. ("Samsung") brought a patent infringement action against NVIDIA Corp. ("NVIDIA") alleging infringement of several patents, including U.S. Patent Nos. 6,287,902 (the "'902 patent") and 8,252,675 (the "'675 patent"). Samsung alleged that NVIDIA sold, offered for sale and imported the accused products from non-party Taiwan Semiconductor Manufacturing Co. (TSMC). In the absence of evidence from TSMC regarding

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