Vineyard Investigations v. E. & J. Gallo Winery

I. BACKGROUND

23 On October 1, 2019, Vineyard Investigations filed a patent infringement complaint against 24 E. & J. Gallo Winery (Doc. 1) and amended the complaint on October 22, 2021 (Doc. 52). 25 Plaintiff’s first amended complaint alleged Defendant infringed three patents, United States 26 Patent Nos.: 8,528,834 (‘834 Patent); 6,947,810 (‘810 Patent); and 10,645,881 (‘881 Patent). 27 (Doc. 52 at 2.) The three patents-in-suit “relate to automated irrigation and dispensing of 28 chemicals to crops using data and rules received from sensors and other sources of information” and “claim priority to the same application, Application No. 09/872,477 (the ‘477 Application)” which named Dr. Paul Skinner as the inventor. (Doc. 61 at 8.) The ‘477 Application was filed in 2001 by patent attorney Charles Kulas. (Id.) Defendant timely filed its Answer (Doc. 54) and asserted “seven counterclaims for declaratory judgment of noninfringement and invalidity” of Patent ‘834, Patent ‘810, and Patent ‘881 (“Asserted Patents”), and “a counterclaim of inequitable conduct as to the Asserted Patents.” (Doc. 61 at 11.) Defendant’s inequitable conduct counterclaim…