Some Good (Patent) News For Dow Jones

2009-1019 Netcurrents v. Dow JonesCD/CA 07-4027Judge John Walter
Plaintiff Netcurrents appeals from the order of Judge John Walters granting Dow Jones summary judgment of non-infringement on the asserted claims of 6,260,041 and 6,332,141.  These patents are directed to a fast internet real-time search technology allowing users to index sites based on users selected parameters, and Dow [...]

Muscle Mag Ads Invalidate Supplement Claims

2009-1018 Iovate v. Bio-Engineered SupplementsED/TX 07-cv-46Judge Ron Clark
Plaintiff Iovate appeals from the order of Judge Ron Clark finding certain claims of 6,100,287 invalid as anticipated under § 102 based on TwinLabs and Weider advertisements and products.  Summary judgment as to other claims was denied, but Iovate stipulated to dismissal of those claims in order the [...]

Qualcomm Sanctioned For Contempt Of Injunction

2009-1015 Broadcom v. QualcommCD/CA 05-467Judge James Selna
Qualcomm appeals from the Order of Judge James Selna finding it in contempt of Court for failing to make certain Sunset Royalty Payments to Broadcom under the terms of the Permanent Injunction.  The royalties related to the Q-Chat technology and Broadcom's 6,389,010 patent.
In September, the Federal Circuit upheld the [...]

Medtronic, Abbott, Both Have Something To Appeal

2009-1014, -1038 Advanced Cardiovascular v. MedtronicD/DE 98-80-SLRJudge Sue Robinson
Both sides appeal from the verdicts, orders and judgment from Judge Sue Robinson's court finding that Medtronic infringes the so-called Lau patents (including 6,432,133), there was no inequitable conduct in procuring the Lau patents, but also declining to enter a permanent injunction.  The case involved various expandable, [...]

Criticism Of Prior Art In Patent Limits Claims Literally And By Equivalence

2009-1006 Edwards Lifescience v. MedtronicND/CA 03-3817Judge Jeffrey White
Plaintiff Edwards Lifescience appeals from the grants of summary judgment of non-infringement by Judge Jeffrey White in favor of defendants Cook Inc. and W.L. Gore.  The accused products are various types of endovascular stent grafts used to treat abdominal or thoracic aortic aneurysms.  Cook sponsors a web site [...]

[Sealed] Beats [Sealed] Because of [Sealed]

2009-1013  Laserfacturing v. Daimler ChryslerSD/TX 7-cv-00207Judge Melinda Harmon
Laserfacturing appeals from a sealed judgment and sealed order issued by Judge Melinda Harmon ruling on a bunch of sealed motions filed by Daimler Chrysler.  The asserted patent is 5,595,670, directed to a method of high speed welding.   
On its face this is perhaps the most egregious [...]

On the Radar: September 2008

I am fresh off my panel appearance at the Center for American and International Law's 46th
Annual Conference on Intellectual Property Law in Plano, Texas.  The panel "All the News That's Fit to Blawg" was moderated by Bruce Sostek of Thompson & Knight (Dallas) and included:
Stephen R. Albainy-Jenei • Patent Baristas, Frost Brown Todd (Cincinnati)Kyle [...]

Sanctions, Jail, Possible For Refusing Debtor’s Discovery

2009-1005 US Philips v. Int'l NorcentCD/CA 06-1366Judge Manuel Real
Defendant Jennifer Long appeals from the order of Judge Manuel Real sanctioning her for refusing to comply with subpoena, court orders, and making false statements under oath.  This case is related to 2008-1385 (covered by us here) in which she appealed the jury's verdict finding her joint [...]

OK To Heat Accused Product To Show Infringement

2009-1001 Gemtron v. Saint-GobainWD/MI 1:04-cv-0387Judge Avern Cohn
Saint-Gobain appeals from the orders and judgment of Judge Avern Cohn and jury verdict finding that Saint-Gobain infringed 6,679,573 directed to a refrigerator shelf.  Saint-Gobain raises the usual JMOL and post-trial arguments, but the most substantive (based on length of discussion by the court) relates to infringement and whether [...]

Federal Circuit To Revisit Scope Of Akazawa

2008-1606 Sky Tech. v. SAP AGED/TX 06-cv-440Judge David Folsom
Defendant SAP was granted leave by the Federal Circuit (2008-m879) for an interlocutory appeal of Judge David Folsom's order determining that, by operation of Massachusetts state law, a security interest default and foreclosure sale transfers title to a secured patent even in the absence of any assignment [...]