Sometimes A Cigar Is Just A Cigar

2010-1151 Taylor Brands v.  GB II Corp
ED/TN 08-cv-325
Mag. Judge Dennis Inman
Patentee Taylor appeals from the order of Judge Dennis Inman granting GB II summary judgment of non-infringement.  The case involves U.S. Patent No. 6,651,344 which is generally directed to a spring assisted opening knife.  At issue was the claim term “a set block situated at [...]

StarLac Decision A Tough Pill For Takeda To Swallow

2010-1104 Takeda v Teva
D/DE 07-cv-331
Judge Sue Robinson
Takeda and Ethylpharm appeal from the judgment following a bench trial before Judge Sue Robinson that Teva's ANDA filing for a generic form of PREVACID Solutabtm does not infringe 5,464,632 related to a pharmaceutical formulation for an oral disintegrating tablet.  These tablets allow the oral administration of an [...]

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.

When (Claimed) Size Matters

2010-1096 Biopolymer v. Immunocorp
D/MN 05-cv-536
Judge Joan Ericksen

Plaintiff Biopolymer appeals the grant of summary judgment by Judge Joan Ericksen finding that defendants did not infringe 5,702,719, related to an animal nutritional supplement with yeast cell wall extract.
The case involved 14 patents but, following the grant of partial summary judgments all around, the parties settled and [...]

Trading Tech Patents Put To The Test

2008-1392 Trading Tech Int'l v. eSpeedND/IL 04-cv-5312
Judge James
B. Moran

Trading Tech ("TT") brought several suits,
including this one against eSpeed and Ecco, alleging infringement of 6,766,304 and 6,772,132,
both similarly directed at software used in electronic trading in the futures
market.  Events below were well covered, as usual, by David Donoghue at
 Chicago IP
Litigation. 
TT is appealing the district court's rulings that
eSpeed's redesigned products, Dual Dynamic and eSpeedometer, [...]

Cartner Takes Issue With Invalidating Claim Construction

2009-1097 Cartner v. Alamo GroupND/OH 1:07-CV-1589Judge Lesley Wells
A relatively straight-forward appeal of claim construction related to 5,197,284, claiming a system and method for decelerating a hydraulic motor.  Following construction in defendant's favor, plaintiff Cartner stipulated to invalidity and appealed.
Oral argument is scheduled for Monday, June 1, 2009 at 10:00 A.M., Courtroom 201.

In Brief: Purechoice v. Honeywell

2008-1482 Purechoice v. HoneywellED/TX 06-cv-00244Judge T. John Ward
Purechoice appeals from the judgment of Judge Ward construing certain claim terms of RE38,985
as ambiguous and the claims invalid for indefiniteness.  The patent
relates to a remote environmental monitoring system that collects air
quality data about a site.  We previously covered the case here, as did Michael Smith from EDTexweblog. [...]

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.

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 Etch-It, [...]

All This Happened, More Or Less.

2009-1024 Responsible Me v. EvenfloSD/FL 06-61736 Judge Daniel Hurley
Plaintiff Responsible Me appeals from the summary judgment decision of Judge Daniel Hurley finding that Evenflo did not infringe 7,134,714, generally directed to a detachable sub-tray for use with trays from car seats, highchairs, strollers and similar seats.
Despite the post's title, not much happened in this case, [...]