End Of The Line For Nursing Tank Top Patent?

2008-1375 Line Rothman v. TargetD/NJ 05-4829 Line Rothman appeals from the judgment and orders of Judge Garrett Brown, Jr. affirming the jury’s verdict that: defendants did not infringe claim 12 of 6,855,029; claims 1, 5 and 12 of the ’029 are invalid under anticipation and obviousness; Rothman and her patent attorney committed inequitable conduct in [...]

Let’s Get Ready To Rumble: Dickson Smacks Down PET

2008-1372 Dickson Industries v. Patent Enforcement Team LLCWE/OK 02-0467 Patentee Patent Enforcement Team (PET) appeals from the judgment of Judge Joe Heaton entering the jury’s verdict that claim 5 of 4,701,069 is invalid under §§ 102/103 and that PET tortuously interfered with Dickson’s business relations–awarding over $500k in actual and $1 million in punitive damages.  [...]

Blackboard Loses Most Claims, Wins Millions And Injunction

2008-1368 Blackboard v. Desire2LearnED/TX 9:06CV155 Both parties appeal from the final judgment of Judge Ron Clark finding that claims 1-35 of Blackboard’s 6,988,138 patent are invalid (indefinite), but confirming the jury’s verdict that claims 36-38 are not invalid and infringed.  The jury also awarded Blackboard over $3 million in lost profits and royalties, and the [...]

Close Doesn’t Count: Catch-A-Call Doesn’t Infringe

2008-1338, 2008-1339 Kernius v. Int’l ElectronicsD/MD RDB 05-1927 Everyone appeals from Judge Richard Bennett’s summary judgment order finding non-infringement and from the jury’s subsequent verdict finding the 6,628,771 patent not invalid. Kernius alleged that defendants’ "Catch-A-Call" device infringed the ’771 patent, which is directed to a distinctive call waiting alert and management device and process.  [...]

CHF’s Medical Device Is Chased From The Market

2008-1335 Chase Medical v. CHF TechnologiesND/TX 3:04-cv-2570 Defendant CHF appeals from the final judgment entered by Judge Barbara Lynn on the jury’s verdict that CHF willfully infringed 2 Chase patents.  The court doubled the award under § 284, awarded attorneys’ fees, and entered a permanent injunction against sales of CHF’s Blue Egg product. Chase’s patents [...]

Silicon Graphics v. ATI Is A Draw

2008-1334 Silicon Graphics v. ATI TechnologiesWD/WI 06-c-0611 ATI appeals from the judgments of Judge Barbara Crabb on the verdicts that Silicon Graphic’s  6,650,327 patent valid and enforceable.  The court had previously granted summary judgment of non-infringement to ATI on most of the asserted patent claims, and Silicon Graphics had voluntarily dismissed the rest.  Phillip Brooks [...]

Candle Tin Patent Torches Limited

2008-1333 Ball Aerosol v. Limited BrandsND/IL 05-c-3684 Defendants Limited (including Bath & Body Works) appeal from Judge Samuel Der-Yeghiayan’s orders granting summary judgment of infringement to plaintiff and, more recently, on damages and willfulness (in the amount of $2.8 million after enhancement).  Chicago IP Law covered the case here and here. Plaintiff Ball Areosol (BASC) [...]

Lighter Infringer Dodges Willfulness But Still Must Pay $800k

2008-1324/1325 Calico Brands v. Ameritek ImportsCD/CA cv-05-205 Both parties appeal from Judge Patrick Walsh’s Order granting in part, denying in part, defendant’s JMOL. The judge affirmed the jury award of nearly $800,000, but vacated the jury’s finding of willfulness and also denied plaintiff’s motion for enhanced damages.   The case involved  trigger-type lighters. The court had [...]

Fresenius Asks CAFC To Reinstate First Jury Verdict

2008-1306 Fresenius USA  v. Baxter Intl    ND/CA 03-cv-1431 DJ plaintiff Fresenius appeals various orders from Judge Saundra Armstrong finding certain dialysis machines infringed several Baxter patents.  In addition to some damages, the court entered a permanent injunction against the sale of new machines beginning in 2009. In 2006 the court found that one of [...]

Mircera® Case Early Test For Recent Pfizer Decision

2008-1300 Amgen v. F Hoffman-LaRocheD/MA 05-cv-12237 Defendant Hoffman-LaRoche appeals from the post-trial preliminary injunction issued by Judge William Young following a jury verdict that Amgen’s patents were infringed by Hoffman-LaRoche’s Mircera® and were valid.  A preliminary injunction after trial is a little unusual, but the court indicated that it was struggling with the public interest [...]