AstraZeneca Defends SEROQUEL® From Teva

2008-1480 AstraZeneca v. TevaD/NJ 05-5333Judge Joel Pisano
Teva appeals from Judge Joel Pisano’s grant of summary judgment in favor of Astra on Teva’s claim of inequitable conduct in the prosecution of 4,879,288, which covers the antipsychotic drug quetiapine, marketed by Astra a SEROQUEL®.  Teva had filed an ANDA seeking to sell a generic, 25 mg version [...]

On The Radar: June 2008

What sets us apart from the rest of the animal kingdom?  Opposable thumbs?  Free will? Tools?  Not even close. 
It may not be what Darwin had in mind, but my theory is that our
branch of the evolutionary tree broke off right about the time
someone figured out how to keep score. Mankind can make a sport [...]

Taurus Has Two More To Appeal

2008-1474 and 1477 Taurus IP v. Hyundai 2008-1475 Taurus IP v. FordWD/WI 07-cv-477 and 07-cv-481Judge Barbara Crabb
Taurus has appealed two other cases "related" to the appeal in 2008-1462 to 1465, Taurus IP v. DaimlerChrysler (reported here).  In Ford and Hyundai, Taurus stipulated that it could not prevail based on Judge Crabb’s decisions on claim [...]

Razorback Alum Consults Wolverine Law To Dismiss Wildcat’s Patent Claims

2008-1467 National Institute v. Ford MotorED/TX 08-CV-84Judge David Folsom
The National Institute for Strategic Technology Acquisition and Commercialization ("NITSAC") appeals from Judge David Folsom’s order dismissing its complaint against Ford Motor Company. 

NITSAC is a not-for-profit organization "formed under the auspices of Kansas State University" (home of the Wildcats) for "facilitating the commercialization of new technologies, [...]

Court Helps UPitt Drop Some Inventors

2008-1468 Univ. of Pittsburgh v. HedrickCD/CA 04-9014Judge Consuelo Marshall
Defendants Hedrick et al. appeal from the judgment of Judge Consuelo Marshall finding that defendants were not inventors of 6,777,231 and directing the PTO to change inventorship under 35 U.S.C. § 256.
§ 256 allows a court to remove an inventor from an issued patent if the person [...]

More Bulls Facing Tough Times

2008-1462 to 1465 Taurus IP v. DaimlerChryslerWD/WI 07-cv-158Judge Barbara Crabb
Plaintiffs Taurus IP and Erich Spangenberg appeal from the judgment of Judge Barbara Crabb finding the 6,141,658 patent not infringed and certain claims invalid–a jury also found that plaintiffs breached a warranty from a prior settlement agreement.  Various other orders are involved, including one finding that [...]

If I Don’t Win On Claim 1, Can I Sue On Claim 2?

2008-1460 Hemphill v. Kimberly-ClarkD/DC 07-1236Judge Rosemary Collyer
Allegra Hemphill appeals from Judge Rosemary Collyer’s order dismissing her case based on res judicata.  She previously sued over the same products and lost, but returns to try a different claim from the same patent. 

Court Declines To Enforce Settlement, Dismisses Infringement Action

2008-1458 Icon Health v. Keys FitnessD/UT 06-cv-00087Judge Tena Campbell
Icon appeals from the order of Judge Tena Campbell dismissing the case for lack of subject matter jurisdiction.  The order followed Icon’s motion to enforce a settlement the parties apparently reached during the case, although the infringement claims were never dismissed or concluded. 

Healthport Loses Patent Claims, Is Enjoined From False Advertising

2008-1456 Healthport v. Tanita Corp.D/OR cv-06-419Judge Ancer L. Haggerty
Counterclaim plaintiff Tanita appeals from the summary judgment of Judge Ancer Haggerty (adopting the R&R of Mag. Judge Paul Papak) denying part of the requested relief on its false advertising counterclaims.  While the court enjoined future acts of false advertising, it declined to require corrective advertising or [...]

Patent Litigation Venues Revisited

The conventional wisdom:  we have all heard it (and probably repeated it).  When the topic is patent litigation venues, the raw numbers clearly point to a few well-known and oft cited heavyweights: Eastern District of Texas; Northern and Central Districts of California; Delaware.  The top 10 for 2007 filings:

Rank
District
Cases

1
E.D. Texas
371

2
C.D. California
338

3
D. New Jersey
203

4
D. Delaware
203

5
N.D. Illinois
143

6
N.D. [...]