New Appeals, 2011-02-15

Tuesday, February 15 was a light day for new infringement filings with only 2 new cases: 2011-1211 Joao Bock v Sleepy Hollow SD/NY 03-cv-10199 Judge Warren Eginton Plaintiff appeals from the jury verdict that the asserted claims of 6,529,725 were invalid (§ 102(a), (b) and (e) and § 103) and not infringed.  The patent relates [...]

Visicu Hopes To Resuscitate Its ICU Patents

2011-1209/10 Cerner Corp. v. Visicu, Inc. W.D. Mo. 04-1033-CV Judge Gary Fenner Cross-appeals from the jury verdict and Judge Fenner’s findings that Visicu’s patents are invalid and not infringed, but also that they are not unenforceable due to inequitable conduct during prosecution.  The patents, 6,804,656 and 7,256,708, are generally directed to a system for monitoring [...]

Court Sinks Trebor’s Infringement Claims

2011-1208 Trebor Indus. v. JL Gory, LLC S.D. Fla. 09-60214-CIV Judge William Dimitroulas Plaintiff Trebor appeals from the grant of summary judgment for non-infringement in favor of defendants JL Gory d/b/a The Airline by J. Sink.  Plaintiffs patents are directed to a quick release diving belt for scuba divers and the like.

Bayer Appeals Claim Construction

2011-1207 Bayer Healthcare v. Centocor Ortho Biotech D. Mass. 09-cv-113620 Judge F Dennis Saylor IV Bayer appeals from a stipulated judgment of non-infringement following Judge Saylor’s claim construction of U.S. 5,654,407.  Bayer alleged infringement of SIMPONI®(golimumab), an anti-TNF therapy for certain types of adult arthritis.

Whitserve Aces CPi for $8 Million

2011-1206 Whitserve LLC v Computer Packages, Inc. D/Ct 3:06-cv-1935 Judge Alfred Covello Defendant Computer Packages, Inc. appeal from the judgment following a jury verdict finding willful infringement and rejecting CPi’s invalidity claims.  CPi provides Patent and Trademark Intellectual Property Management Systems and Patent Annuity Payment Services–the jury found that certain of CPi’s desktop, hosted, and [...]