MIA: Granted and Affirmed Preliminary Injunctions

We recently posted about the Federal Circuit’s upcoming Judicial Conference, here.  The Conference’s Patent And Trademark breakout-session is titled “Patent Issues Ripe for Judicial Clarification,” a panel moderated by Prof. Lisa Dolak (Syracuse Law), with Hon. Patti Saris (D/MA), Hon. Liam O’Grady (ED/VA), Meredith Ady (Brinks Hofer), Morgan Chu (Irell & Manella), William Lee (WilmerHale), [...]

Who’s the Boss Now? Yamaha Beats Boss After Claim Construction

2008-1311 Boss Industries v. Yamaha Motor    D/UT    2:05-cv-422
Boss agreed to non-infringement by Yamaha following Judge Dale Kimball’s order on claim construction.  Asserted are a family of 4 patents, including parent 5,944,380, all related to improved, light-weight snowmobile seats.
The court gave "base" and "base section" the "plain and ordinary meaning" of the  bottom support [...]

Got Seoul? LED Willfully Infringes Design Patents

2008-1309 Nichia Corp. v. Seoul SemiconductorND/CA 03:06-cv-0162

Defendant Seoul appeals various orders culminating with Judge Maxine Chesney’s denial of its motions for JMOL and new trial.  A jury had found that Seoul infringed 4 Nichia design patents for light emitting diodes (LEDs).
The court rejected Seoul’s arguments, essentially adopting plaintiff’s view and finding that there was sufficient [...]

Touchpads Infringe, Preliminary Injunction Granted

2008-1310 Elantech v. SynapticsND/CA 06-01839
Synaptics appeals Judge Charles Breyer’s Orders granting plaintiff partial summary judgment on infringement, entering a preliminary injunction, and the claims construction decision on which summary judgment is based.  The case involves numerous Elantech patents related to touchpads, but the one on which summary judgment was granted is 5,825,352, and only against [...]

Federal Circuit Judicial Conference

The Judicial Conference of the U.S. Court of Appeals for the Federal Circuit will be held on Thusday, 15 May 2008 at the Grand Hyatt in Wanshington D.C.  The cost is $275 and you can register online.
The morning session consists of short remarks from Chief Judge Paul Michael; Jan Horbaly, Circuit Executive and Clerk of [...]

Fresenius Asks CAFC To Reinstate First Jury Verdict

2008-1306 Fresenius USA  v. Baxter Intl    ND/CA 03-cv-1431
DJ plaintiff Fresenius appeals various orders from Judge Saundra Armstrong finding certain dialysis machines infringed several Baxter patents.  In addition to some damages, the court entered a permanent injunction against the sale of new machines beginning in 2009.
In 2006 the court found that one of Baxter’s patents [...]

Mircera® Case Early Test For Recent Pfizer Decision

2008-1300 Amgen v. F Hoffman-LaRocheD/MA 05-cv-12237
Defendant Hoffman-LaRoche appeals from the post-trial preliminary injunction issued by Judge William Young following a jury verdict that Amgen’s patents were infringed by Hoffman-LaRoche’s Mircera® and were valid.  A preliminary injunction after trial is a little unusual, but the court indicated that it was struggling with the public interest prong [...]

Lack of Evidence Still Fatal to Infringement Claim

2008-1299 L&W v. ShertechED/MI 01-cv-73892
Patentee/defendant Shertech appeals from a jury verdict and judgment by Judge John O’Meara finding  declaratory judgment plaintiff L&W did not infringe 5,670,264 and awarding $192k to L&W on a fraud claim.  The parties are manufacturers of heat shields for automobiles. 
This is Round II at the CAFC.  Previously, the district court [...]

Inventor Faked Drawing For PTO: Patent Unenforceable

2008-1291 to 1298 Armament Systems v. IQ Hong KongED/WI 00-C-1257 (lead case)
Plaintiff Armament Systems (ASP) appeals Judge William Griesbach’s orders finding its patent unenforceable for inequitable conduct and then awarding attorneys’ fees under § 285.  ASP’s patent, 6,190,018, is directed to a miniature LED flashlight. 
The patent issued in February 2001, and plaintiff quickly filed [...]

Prior Art Absorbs Bayer’s Oral Contraceptive Patent

2008-1282 Bayer Schering v. Barr Pharma D/NJ 05-CV-2308
Bayer has appealed Judge Peter G. Sheridan’s opinion invalidating its
patent for an oral contraceptive.  In 2005, Bayer filed its Complaint
under the Hatch Waxman Act to declare its Patent No. 6,787,531 valid
and to enjoin Barr from selling a generic form of Bayer’s Yasmin®.  After a healthy dose of discovery, [...]