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 Is A Blog Post About A Patent Case

2009-1023 Amgen v. ARIADD/DE 06-259Judge Mary Pat Thynge ARIAD appeals from the Orders of Judge Mary Pay Thynge granting Amgen summary judgment of non-infringement on ARIAD's US Patent No. 6,410,516.  This is the same patent, directed to inhibiting or reducing NF-κB activity in cells, that ARIAD successfully used against Lilly, reported here. The Court's opinions [...]

Some Good (Patent) News For Dow Jones

2009-1019 Netcurrents v. Dow JonesCD/CA 07-4027Judge John Walter Plaintiff Netcurrents appeals from the order of Judge John Walters granting Dow Jones summary judgment of non-infringement on the asserted claims of 6,260,041 and 6,332,141.  These patents are directed to a fast internet real-time search technology allowing users to index sites based on users selected parameters, and [...]

Criticism Of Prior Art In Patent Limits Claims Literally And By Equivalence

2009-1006 Edwards Lifescience v. MedtronicND/CA 03-3817Judge Jeffrey White Plaintiff Edwards Lifescience appeals from the grants of summary judgment of non-infringement by Judge Jeffrey White in favor of defendants Cook Inc. and W.L. Gore.  The accused products are various types of endovascular stent grafts used to treat abdominal or thoracic aortic aneurysms.  Cook sponsors a web [...]

Pressure Products Wins Medical Device Verdict

2008-1602 Pressure Products v. Quan EmerteqED/TX 06-cv-121Judge Ron Clark Defendant Quan Emerteq (aka Enpath) appeals from the jury verdict before Judge Ron Clark finding Pressure Product's 5,125,904 and 5,312,355 valid and infringed (but not willfully).  The jury awarded approx. $1.1 million.  As usual, Michael Smith at EDTexweblog provided excellent coverage of the final judgment here. [...]

In Brief: Mathworks v. Comsol

2008-1283 Mathworks v. ComsolED/TX 06-cv-334Judge Leonard Davis A claim construction appeal by Mathworks related to 7,051,338 and the parties' respective MATLAB® and COMSOL Script® software programs.  Mathworks essentially stipulated to non-infringement the court construed the term "rank" and "ranking" to require placing the method signatures in an ordered manner relative to one another. Oral argument [...]

Grantley Downs Clear Channel

2008-1508 Grantley Patent Holdings v. Clear ChannelED/TX 06-cv-259Judge Ron Clark Clear Channel appeals from the judgment and orders of Judge Ron Clark confirming the jury’s verdict that Clear Channel willfully infringed Grantley’s patents and that the patents were not invalid or unenforceable.  With enhanced damages (+25% of damages), prejudgment interest and other add-ons, Clear Channel [...]

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 [...]

Healthport Loses Patent Claims, Is Enjoined From False Advertising

2008-1456 Healthport v. Tanita Corp.D/OR cv-06-419Judge Ancer L. Haggerty Counterclaim plaintiff Tanita appeals from the summary judgment of Judge Ancer Haggerty (adopting the R&R of Mag. Judge Paul Papak) denying part of the requested relief on its false advertising counterclaims.  While the court enjoined future acts of false advertising, it declined to require corrective advertising [...]