Post Infringement Reasonable Royalty

2009-1154 Amado v. MicrosoftCD/CA 03-242Judge David Carter
Plaintiff Amado appeals from the order of Judge David Carter setting the reasonable royalty for Microsoft's post-verdict sale of infringing products and reducing the number of units for which the royalty is owed. 

Court Sticks Needle Patent With Invalidity

2009-1152 MBO Labs v. BectonD/MA 03-cv-10038Judge Joseph Tauro

Plaintiff MBO appeals from Judge Joseph Tauro's grant of summary
judgment finding that RE 36,885 invalid for violating the recapture
rule, 35 U.S.C. § 251. 

Technical Difficulties

Which is a term of art meaning "our IT people don't know what's wrong with the document server."  The server where we store the pdfs of court orders, briefs, etc. isn't responding, so most of the "More reading" links will not work.  I have set up a temporary (hopefully) Google Site on which to store [...]

KSR Breaks Bundle Splitting Patent

2009-1151 Geo Martin v. Alliance MachineND/CA 07-cv-692Judge William Alsup
Plaintiff Martin appeals the grant by Judge William Alsup of defendant's Rule 50 motion finding 6,655,566 invalid as obvious.  The ruling comes after a 2 week jury trial resulted in a hung jury.  The court employed KSR and found the patent, directed to a bundle breaker for [...]

Catching Up-Week of January 3, part 2

If part 1 was the ED/Michigan post, part 2 is SD/New York as 2 of the 3 cases come from there.  2009-1146 (SD/NY) is summary judgment of non-infringement; 2009-1147 (SD/NY) is summary judgment of equitable estoppel; and 2009-1149 (D/DE) is an "exceptional" finding and award of attorney's fee.