ITC Spat Between InterDigital and Nokia Enjoined

2008-1265 Nokia v. InterDigital SD/NY 08-CV-1507
InterDigital has appeal Judge Deborah Batt’s decision to grant Nokia’s preliminary injunction related to a dispute over several patents before the ITC. The facts of this case are few and far between.  The Court, however, enjoined InterDigital’s ITC action and required the parties to arbitrate their dispute under 9 U.S.C. [...]

Vehicle Navigation Patent Miss Its Mark

08-1259 Vehicle IP v. General MotorsWD/WI 07-CV-345
IP management companies have not fared well in Chief Judge Barbara Crabb’s courtroom lately.  Similar to her recent decision in Netcraft, Chief Judge Crabb  granted summary judgment of noninfringement in favor of Gem’s On Star and Horizon’s VIZ Navigator products. The dispute centered on Patent No. 6,535,743 and whether [...]

Northern District of California Alleviates Bigfoot’s Joint Performance Anxiety

08-1255/08-1256 Digital Impact v. Bigfoot Interactive ND/CA 05-CV-636
Plaintiff Digital Impact and Defendant Bigfoot Interactive have filed cross appeals after Judge Sandra Brown Armstrong granted Bigfoot Interactive’s motion for summary judgment of noninfringement.  The parties are competitors in the email mass marketing business.  Digital Impact’s patent (6,449,634) claims a method for sensing the file formats used [...]

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Chair Designer Sits on Claims Too Long

2008-1254 Studio & Partners v. KIED/WI 06-c-628
Plaintiff S&P appeals Judge William Griesbach’s order dismissing on summary judgment its claims related to an allegedly stolen furniture design.  In the 1990’s S&P designed a chair called "Campus" which became the subject of discussions between S&P and KI.  KI ultimately told S&P that it was not interested, but [...]

Zipwall Takes Zip in Damages to Appeal Claim Construction

2008-1249, 1250 Zipwall v. FastcapD/MA 05-11852
The parties appeal Judge Joseph Tauro’s judgment that defendant Fastcap infringes one of Zipwall’s patents but not the other two.  Money damages were waived by Zipwall and the court declined to enter a permanent injunction.
Zipwall owns several patents directed at methods and products for erecting dust containment systems or barriers [...]

Ariad’s Patent On NF-κB Inhibitors Valid and Infringed by Lilly

2008-1248 Ariad Pharm v. Eli LillyD/MA 02cv11280
Defendant Eli Lilly appeals form Judge Rya Zobel’s denial of its JMOL following a jury verdict that its Xigris and Evista products infringe 6,410,516.  The jury rejected all of Lilly’s invalidity and unenforceability arguments, and plaintiffs were awarded approximately $65 million plus future royalties.   The ‘516 is generally directed [...]

Dried Up and Obvious: Süd-Chemie’s Desiccant Patent Invalid

2008-1247 Süd-Chemie v. Multisorb TechWD/KY 3:03cv-29-S
Süd-Chemie appeals from Judge Charles Simpson III’s grant of summary judgment to defendant Multisorb, finding Süd-Chemie’s 5,793,942 patent invalid as obvious.
The ‘942 patent is directed to a film material for desiccant containers (think those little packets inside, e.g., shoe boxes).  After claim construction the court, applying KSR, concluded that it [...]

Black Gold, Texas Tea: Court Again Tosses DJ Action Despite Later Filed Infringement Case

2008-1244 Baker Hughes v. ReedHycalogD/UT 2:05-CV-0931
DJ plaintiff Baker Hughes appeals from Judge Ted Stewart’s order (again) granting ReedHycalog’s motion to dismiss for lack of subject matter jurisdiction. The parties are competitors in the manufacture of rotary drill bits used for subterranean drilling in the gas and oil industry.  These drill bits employ polycrystalline diamond compact [...]

Everyone Loses! Claim Construction and Sealed Material Gut Infringement, Antitrust Claims

2008-1242, 1243 Digene Corp. v. Third Wave TechWD/WI  07-CV-22
Both parties appeal from different parts of Judge Barbara Crabb’s orders granting summary judgment to defendant Third Wave on plaintiff’s complaint of infringement, and granting summary judgment to Digene on Third Wave’s antitrust counterclaims.
Digene is the exclusive licensee of 5,643,715 entitled "Human Papillomavirus Type 52 DNA [...]