Threats Of Infringement Muzzled By Lack Of Evidence

2008-1442 Unitronics v. GharbD/DC 06-cv-027Judge Rosemary Collyer Patentee/DJ defendant Samy Gharb appeals from the orders of Judge Rosemary Collyer finding that Unitronics does not infringe his 6,552,654 patent and from an injunction barring him from threatening Unitronic’s customers with lawsuits. Samy Gharb is a resident of Zürich and represented himself in the DJ proceedings.  He [...]

“Change To Charity” Claims Don’t Read On Gift Cards

2008-1434 Every Penny v. American ExpressMD/FL 8:07-CV-1255Judge Richard A. Lazzara Plaintiff Every Penny appeals from the judgment of non-infringement following Judge Richard A. Lazzara’s order on claim construction.  Every Penny had stipulated that it could not prove infringement based on the court’s claim construction. Every Penny sued American Express, Visa, Mastercard and Green Dot for [...]

Claims Against Downstream Purchasers Barred By Settlement And Estoppel

2008-1430 TransCore v. Electronic TransactionND/TX 3:05-cv-02316Judge Ed Kinkeade TransCore appeals from the summary judgment order of Judge Ed Kinkeade finding that TransCore is judicially estopped from suing defendant for patent infringement due to its earlier settlement with third-party Mark IV. TransCore manufacturers and installers automatic vehicle identification systems ("AVI systems"), including systems that could be [...]

Erbe and Canady Split Judgment

2008-1425, 1426 Erbe Elektromedizin v. CanadyWD/PA 05-cv-1674Judge Donetta W. Ambrose Erbe and Canady appeal from portions of Judge Donetta Ambrose’s orders and judgments that essentially found in favor of defendant Canady on all plaintiffs’ claims, and in favor of Erbe on Canady’s counterclaims. Erbe manufactures and sells flexible endoscopic probes for argon plasma coagulation (APC), [...]

The Sticker Hits The Fan . . . But It’s Not Infringement

2008-1419 Minka Lighting v. Reliance Lighting CD/CA 05-CV-1015Judge Florence-Marie Cooper Plaintiffs Minka Lighting and Jen-Lung David Tai (collectively, "Minka") appeal from Judge Florence-Marie Cooper’s grant of summary judgment in favor of defendant Aloha Housewares Co., Ltd. ("Aloha").  Judge Cooper also entered a stipulated judgment for damages and a permanent injunction against Reliance Lighting, Inc. ("Reliance").  [...]

In Brief: iLOR v. Google

2008-1178 iLOR v. GoogleED/KY 5:07-cv-00109Judge Joseph Hood The appeal briefs are in for iLOR v. Google.  iLOR alleged that Google Notebook utilizes the enhanced hyperlink feature claimed in 7,206,839.  Judge Hood ultimately denied iLOR’s motion for preliminary injunction and, simultaneously, granted Google’s motion for summary judgment of non-infringement. The decision turned on construction of the [...]

Unclaimed Structure Still Relevant To § 112 ¶ 6 Infringement Analysis

2008-1416 Applied Medical v. US SurgicalCD/CA 03-cv-01267Judge Cormac Carney Applied appeals from the jury verdict and JMOL order of Judge Cormac Carney finding US Surgical did not infringe Applied’s 5,385,553 titled "Trocar With Floating Septum Seal."  As the patent explains, a trocar provides a channel through the abdominal cavity through which instruments can be inserted [...]

Attempt To Concede Priority And Appeal From BPAI Backfires

2008-1418 Human Genome v. ImmunexD/DE 07-CV-780Judge Sue Robinson Humane Genome (HGS) appeals from Judge Sue Robinson’s order dismissing the complaint for lack of subject matter jurisidiction.  Although not a patent infringement action (and therefore not the usual PATracer fare), the case derives from an interference proceeding before the BPAI and an interesting decision from a [...]

Norgren Can’t Connect With Infringement Claim

Norgren Inc. v. ITCITC 337-TA-587 Norgren, Inc. has appealed the ITC’s ruling that SMC Corporation of Tokyo and SMC Corporation of America do not infringe its patent for connecting devices used in modular compressed air conditioning units.  Norgren filed its complaint in 2006, alleging infringement of its 5,372,392 patent.  The connecting device at issue–essentially a [...]

Return To Sender: Early ANDA Notice Ineffective

2008-1414 SB Pharmco v. Mutual PharmaceuticalED/PA 08-cv-0549Judge R. Barclay Surrick Defendant Mutual appeals from the grant by Judge R. Barclay Surrick of Judgment on the Pleadings, finding that Mutual’s December 21, 2007 ANDA Paragraph IV Notice to SB d/b/a Glaxosmithkline (GSK) was premature and did not trigger the 45-day period to file a lawsuit under [...]