Tough Meets Classy….And Doesn’t Infringe

2008-1367 Felix v. American HondaD/KS 05-cv-2525 Plaintiff Mark Felix appeals from Judge Carlos Murguia’s orders granting Honda summary judgment of non-infringement.  Felix sued Honda on 6,155,625 alleging that the Honda Ridgeline’s In-Bed Trunk® system infringed claim 6.  Claim 6 states (key term highlighted by PATracer): 6. In combination with a vehicle including a vehicle bed, [...]

ResQNet and Lasna Split Infringement Judgment

2008-1365, 1366 ResQNet.com v. Lasna, Inc.SD/NY 01-cv-3578 Both parties appeal part of Judge Robert Sweet’s judgment following a bench trial on ResQNet’s two remaining patents.  The parties split infringement findings, with ResQNet being awarded approximately $400k (net after a $100k sanction against it and counsel under Rule 11). ResQNet sued Lasna on 5 patents related [...]

Ocean Duke’s Fish Run Afoul Of Patent

2008-1364 Kowalski v. Ocean DukeD/HI 04-cv-00055 Defendant Ocean Duke appeals a series of orders by Judge Barry Kurren denying its various post-trial motions on non-infringement, invalidity and damages.  A jury previously found that Ocean Duke willfully infringed 5,972,401 and awarded $2.2 million. The ’401 patent is directed to a method of manufacturing tasteless super-purified smoke [...]

Omitted Inventor Denies Plaintiff Standing To Sue

2008-1363 Nartron Corp. v. Schukra USAED/MI 06-cv-10683 Nartron appeals from Judge Lawrence Zatkoff’s order granting summary judgment to defendant on lack of standing.  Nartron sued Borg Indak alleging infringement of 6,049,748 directed to electronic controls for automotive seats with massage and lumbar support features.  On summary judgment the court found that one of Schukra’s former [...]

ITC Keeps Kyocera Out Of Qualcomm Chip Proceedings

2008-1355, 2008-1301 Kyocera Wireless v. ITCITC 337-TA-543 Kyocera appeals from the ITC’s order denying it leave to intervene in the enforcement stage proceedings of the investigation against certain mobile phone chips made by Qualcomm. This appeal is related to appeal 2007-1493, reviewing the ITC determination that certain mobile phone chips imported by Qualcomm infringed Broadcom’s [...]

ITC Finds Canady Endoscopic Probes Do Not Infringe

2008-1358 ERBE Elektromedizin v. ITCITC 337-TA-569 ERBE appeals from the ITC’s decision that Canady Technology does not infringe 5,720,745 and that ERBE did not show a domestic industry for the ’745. ERBE filed its § 337 complaint alleging that respondent Canady infringed the ’745 patent (and Supp. Trademark 2,637,630) by importing certain endoscopic probes for [...]

CAFC Preliminary Injunction Update: Legal Issues As Substantial Questions

Recently we promised updates on preliminary injunctions at the Federal Circuit, and last week the the court issued E.I. du Pont v. MacDermid Printing, Case No. 2007-1568, reversing the district court’s denial of a preliminary injunction and remanding for reconsideration.  The appeal turned whether du Pont’s asserted patent was entitled to an earlier priority date [...]

In Brief: 2008-1157 Duratech Ind. v. Bridgeview Mfg.

2008-1157 Duratech Ind. v. Bridgeview Mfg. ND 3:05-cv-90 Judge Rodney Webb construed the key limitation “a manipulator mounted inside the container for driving crop material into the disintegrator” as means-plus-function language and limited it to the structure disclosed.  Declaratory judgment defendant/patentee Bridgeview stipulated that the accused products did not infringe that construction and filed this [...]

Cygnus Can’t Show Privity To Bind Non-Parties To Consent Judgment

2008-1351 Cygnus Telecom. v. WorldPort Comm.ND/CA 02-cv-00144 and 02-cv-00142 Plaintiff Cygnus appeals from Judge Ronald Whyte’s Order denying Plaintiff’s Motion for Permanent Injunction.  Cygnus sought a permanent injunction against Chris Canfield, Telenational Communication, and Rapid Link, Inc. from infringing Cygnus’s patents, including 6,035,027, which are generally directed at an interactive telephone callback system designed to [...]

Late Notice Saves “In Transit” Shipment From § 271(g)

2008-1349 Celanese Int’l v. Oxyde ChemicalsSD/TX H-07-2981 Plaintiff Celanese appeals from Judge Nancy Atlas’s Order granting Oxyde summary judgment on the patent infringement claims against it.  Following that Order, which disposed of all patent infringement related claims, the court certified it as final under Rule 54(b).  The court, however, denied Celanese’s motion to stay Oxyde’s [...]