Whose Use Is It Anyway?

2010-1110, 1131 Centillion Data v Qwest SD/IN 04-cv-0073 Judge Larry McKinney Both sides appeal from the summary judgment order of Judge Larry McKinney finding that Centillon's patent 5,287,270 is not invalid but is also not infringed.  The '270 patent is directed to billing systems that may be utilized by a service customer to manipulate usage [...]

Ripmax RC Patent Does Crash And Burn

2009-1098 Horizon Hobby v. Ripmax CD/IL 07-cv-2133 Judge Michael McCuskey Patentee Ripmax appeals from the order and judgment of Judge Michael McCuskey confirming the jury verdict that the asserted claims of 6,983,128 were invalid as anticipated and obvious.  The patent relates to a radio control system for model cars, boats, airplanes, etc.  The case also [...]

Teva’s Generic VIGAMOX Dealt A Black Eye

2009-1097 Alcon Inc. v. Teva Pharmaceuticals D/DE 06-cv-234 Judge Sue Robinson Defendant Teva appeals from the verdict following a bench trial before Judge Sue Robinson finding that its ANDA to market a generic version of VIGAMOX, a topical ophthalmic solution comprising the active ingredient moxifloxacin hydrochloride, infringes 6,716,830 and that the claims are valid.

Foreign Invention Sneaks In Under § 102(g)(2)

2009-1161 Solvay v. HoneywellD/DE 06-557Judge Sue Robinson Plaintiff Solvay appeals from the grant of summary judgment of Judge Sue Robinson finding Solvay's 6,730,817 invalid under § 102(g)(2).  The court found that Honeywell–working with Russian scientists–had invented the process for manufacturing 1,1,1,3,3-pentaflouropropane (HFC-245fa, a blowing agent for rigid insulating foams) before Solvay.   The court concurrently found [...]

Robert Cohn Was Once Middleweight Boxing Champion Of Princeton

2009-1031 Marrin v. GriffinCD/CA 07-239Judge George Wu Patentees' Jeff and Claudia Griffin appeal from Judge George Wu's grant of summary judgment finding claims 1-4 of their 5,154,448 patent invalid under 102 and 103.  The patent relates to a label that allows users to write without using a pen or the like–Marrin is the founder of [...]

Amgen Scores TKO On EPO

2009-1020 Amgen v. Hoffman-La RocheD/MA 05-12237Judge Willam Young Roche appeals from the judgment of Judge William Young finding that it infringes U.S. Patent Nos. 5,441,868, 5,547,933, 5,618,698, 5,621,080, 5,756,349, and 5,955,422 relating to Amgen’s recombinant erythropoietin (“EPO”).  The Court also entered a permanent injunction. The Court's Order checks in at 150 pages so, rather than [...]

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 [...]

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 [...]

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 [...]

In Brief: Qualcomm v. Broadcom

2008-1199, 2008-1271, 2008-1272 Qualcomm v. Broadcom CD/CA 05-CV-467 Judge James V. Selna The appeal briefs are in from the other, other Qualcomm v. Broadcom case in which certain of Qualcomm’s (3G) WCDMA and EV-DO cellular chips and its QChat software were found to infringe and were permanently enjoined.  Qualcomm’s brief can be downloaded here, Broadcom’s [...]