“Excess” 285 Award Triggers Attorney Lien

2008-1386 Climax Molybdenum v. MolychemD/CO 02-cv-00311 Molychem’s co-counsel Ramon Pizarro appeals from Judge Matsch’s order giving him approximately $77,000 of the attorney’s fees award rather than the $215,000 he demanded. Background:  Climax and Molychem engaged in a protracted battle at the ITC and in district court over Climax’s claims of patent infringement and Molychem’s Walker [...]

Philips Burns Another DVD Infringer: Officer Personally Liable

2008-1385 US Philips v. Int’l NorcentCD/CA 06-cv-01366 Defendant Jennifer Long appeals Judge Edward Rafeedie’s order denying her JMOL and the jury’s verdict finding her joint and severally liable for over $12 million.  Philips sued Long and Norcent for infringing 5,677,903 and 5,463,607 directed to certain optical read/write storage devices (i.e., DVD players).  These patents are [...]

EZ Gard Wins Preliminary Injunction Against XO

2008-1384 EZ Gard v. XO AthleticD/MN 07-cv-4769 Defendant XO appeals Judge James Rosenbaum grant of a preliminary injunction against it. EZ Gard manufactures athletic mouthguards, including the GEL MAX, and claims to own [see Notes and Comments below] 5,339,832 directed to a thermoplastic mouthguard with an integral shock absorbing framework. XO is also in the [...]

Court Extinguishes Firetrace Injunction Demands

2008-1379 Firetrace USA v. JesclardD/AZ 07-2001 Patentee Firetrace appeals from Judge Roslyn Silver’s order denying its motion for permanent injunction.  The case is a little odd in that the permanent injunction was heard and decided before liability or the merits of the claims.  The court’s ruling stated, in full: A permanent injunction hearing was held [...]

In Brief: Qualcomm v. Broadcom

2007-1545, 2008-1162 Qualcomm v. BroadcomSD/CA 05-CV-1958Judge Rudi Brewster Qualcomm sued Broadcom for infringing 5,576,767 and 5,452,104 related to products compliant with the H.264 video compression standard, the result of a standard setting organization ("SSO"), the Joint Video Team (“JVT”).  Broadcom claimed that Qualcomm had waived its rights to enforce the patents by participating in the [...]

End Of The Line For Nursing Tank Top Patent?

2008-1375 Line Rothman v. TargetD/NJ 05-4829 Line Rothman appeals from the judgment and orders of Judge Garrett Brown, Jr. affirming the jury’s verdict that: defendants did not infringe claim 12 of 6,855,029; claims 1, 5 and 12 of the ’029 are invalid under anticipation and obviousness; Rothman and her patent attorney committed inequitable conduct in [...]

McZeal’s Sprint Complaint Dismissed–Again

2008-1374 McZeal v. Sprint/NextelSD/TX H-06-1775 Alfred McZeal appeals from Judge Lynn Hughes’s Order dismissing his Complaint against Sprint/Nextel.  McZeal’s Complaint had been previously dismissed, but that was reversed and remanded by the CAFC. McZeal acts pro se and has, well, a zeal for filing lawsuits.  He has filed numerous (at least 19) lawsuits and bankruptcies [...]

Public Threats Of Enforcement Don’t Establish DJ Jurisdiction

2008-1373 Impax Labs v. Medicis PharmaceuticalND/CA 08-0253 Impax appeals from Judge Maxine Chesney’s Order granting Medicis’s Motion to Dismiss Impax’s Declaratory Judgment Complaint. Medicis manufactures Solodyn®, a minocyclene extended release tablet used as an oral acne medicine, and is the assignee of 5,908,838, directed to the treatment of acne using an oral tetracycline antibiotic in [...]

Let’s Get Ready To Rumble: Dickson Smacks Down PET

2008-1372 Dickson Industries v. Patent Enforcement Team LLCWE/OK 02-0467 Patentee Patent Enforcement Team (PET) appeals from the judgment of Judge Joe Heaton entering the jury’s verdict that claim 5 of 4,701,069 is invalid under §§ 102/103 and that PET tortuously interfered with Dickson’s business relations–awarding over $500k in actual and $1 million in punitive damages.  [...]

Blackboard Loses Most Claims, Wins Millions And Injunction

2008-1368 Blackboard v. Desire2LearnED/TX 9:06CV155 Both parties appeal from the final judgment of Judge Ron Clark finding that claims 1-35 of Blackboard’s 6,988,138 patent are invalid (indefinite), but confirming the jury’s verdict that claims 36-38 are not invalid and infringed.  The jury also awarded Blackboard over $3 million in lost profits and royalties, and the [...]