2008-1168 Carter v. Alk Holdings
ND/GA 1:06-cv-2080 Carter was an employee of defendants who, allegedly on his own time etc., invented a new locking mechanism for safe-deposit boxes. After defendants initially passed on the idea, they approached plaintiff about a 50%-50% partnership. Defendants hired a patent attorney to prosecute the application, but apparently defendant Hassebrock was improperly added as [...]
2008-1167 Lacks Indust v. McKechnie Vehicle
ED/MI 96-CV-75692 5,597,213 is directed to an automotive wheel and overlay assembly. The Federal Circuit had previously affirmed a bench trial verdict that defendants infringed, but had remanded on the question of whether plaintiff’s pre-critical date activities constituted an “on sale” bar. Judge John Feikens adopted Special Master Richard Grauer’s Report and Recommendation that plaintiff’s [...]
2008-1166 USA Video v. Time Warner
ED/TX 2:06-CV-239 5,130,792 is an early 1990’s video on demand patent that, among other things, requires that compressed programs be “transmitted in less time that in required to view the programs in real time.” Defendants use the MPEG-2 standard and TSP to deliver the content to subscribers in packets of data. Defendants’ system ultimately transmits [...]
2008-1165 Advanced Analogic Tech V ITC
ITC 337-TA-564 In the Matter of Certain Voltage Regulators, Components Thereof and Products Containing Same Complaint filed by Linear Technology regarding 6,441,531 and 6,580,258 and voltage regulators for laptops, cell phones, etc., Advanced Analogic Technologies Inc. the named respondent. ALJ Sidney Harris investigated and initially determined no infringement of the ‘258 patent; infringement of some [...]
2008-1164 Respironics v. Invacare
WD/PA 04:cv-0336 Respironics sued for infringement of 4 patents related to sleep therapy devices for the treatment of obstructive sleep apnea. In claim construction, Judge Gary Lancaster construed 3 of the patents to require the systems to operate at predetermined settings. The court subsequently granted defendant summary judgment of non-infringement on 3 of the 4 [...]
2008-1163 Murphey v. TPS Enterprises
D/AZ 04-CV-2430 Plaintiff and defendants entered into license for plaintiff’s patent and to commercialize plaintiff’s product, a snowcone vending machine. Failing to bring anything to market, the arrangement was terminated. Plaintiff sued (and lost) a state court case that defendants didn’t try hard enough, and then brought the instant action claiming infringement for defendant’s use [...]
2008-1162 Qualcomm v. Broadcom
SD/CA 05-CV-1958 Qualcomm sued Broadcom on ‘104 and ‘767 patents. Jury found that Broadcom did not infringe and, in advisory capacity, found the patents unenforceable due to inequitable conduct and waiver based on Qualcomm’s conduct before the Joint Video Team (JVT), a standard setting body that created the H.264 standard. After the verdict, Qualcomm produced [...]
2008-1160 Wavetronix v. EIS Electronic
UT 2:05-cv-73 Wavetronix owns 6,556,916 relating to using radar to gather and accumulate data for traffic planning and control. The court granted summary judgment of non-infringement finding the defendant’s system more like the prior art than that of the ‘916. Wavetronix appealed that decision, CAFC docket no. 2008-1129. This is EIS’s cross-appeal of an earlier [...]
2008-1159 Vas-Cath v. Curators Univ Missouri
WD/MO 05-CV-0400 Case originates from BPAI Interference No. 103,988. After receiving an adverse judgment from the BPAI, Vas-Cath sought review in the District Court’s under 35 U.S.C. § 146. Vas-Cath subsequently amended and changed its relief to a declaratory judgment vis-à-vis the ‘988 interference and an injunction against defendants from interfering in Vas-Cath’s patent. The [...]
2008-1158 Kuhl Wheels v. General Motors
ED/MI 06-CV-15204 Kuhl owns 6,042,194 and 6,520,592. Hayes Lemmertz had filed a declaratory judgment action that its Struktur Wheel didn’t infringe. Counterclaims followed, and Kuhl attempted to add GM and Ford as infringers, arguing that the claims were virtually identical (apparently Ford and GM purchase wheels from Hayes). That court denied the motion, so Kuhl [...]
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