“Change To Charity” Claims Don’t Read On Gift Cards

2008-1434 Every Penny v. American ExpressMD/FL 8:07-CV-1255Judge Richard A. Lazzara Plaintiff Every Penny appeals from the judgment of non-infringement following Judge Richard A. Lazzara’s order on claim construction.  Every Penny had stipulated that it could not prove infringement based on the court’s claim construction. Every Penny sued American Express, Visa, Mastercard and Green Dot for [...]

Erbe and Canady Split Judgment

2008-1425, 1426 Erbe Elektromedizin v. CanadyWD/PA 05-cv-1674Judge Donetta W. Ambrose Erbe and Canady appeal from portions of Judge Donetta Ambrose’s orders and judgments that essentially found in favor of defendant Canady on all plaintiffs’ claims, and in favor of Erbe on Canady’s counterclaims. Erbe manufactures and sells flexible endoscopic probes for argon plasma coagulation (APC), [...]

In Brief: iLOR v. Google

2008-1178 iLOR v. GoogleED/KY 5:07-cv-00109Judge Joseph Hood The appeal briefs are in for iLOR v. Google.  iLOR alleged that Google Notebook utilizes the enhanced hyperlink feature claimed in 7,206,839.  Judge Hood ultimately denied iLOR’s motion for preliminary injunction and, simultaneously, granted Google’s motion for summary judgment of non-infringement. The decision turned on construction of the [...]

Norgren Can’t Connect With Infringement Claim

Norgren Inc. v. ITCITC 337-TA-587 Norgren, Inc. has appealed the ITC’s ruling that SMC Corporation of Tokyo and SMC Corporation of America do not infringe its patent for connecting devices used in modular compressed air conditioning units.  Norgren filed its complaint in 2006, alleging infringement of its 5,372,392 patent.  The connecting device at issue–essentially a [...]

Kenneth, What Is The Frequency? Prosecution Disclaimer Limits RFID Patent

2008-1412 RFID World v. Wal-MartED/TX 06-cv-363Judge Leonard Davis Patentee RFID appeals from the stipulated summary judgment on noninfringement based on Judge Leonard Davis’s order on claim construction. RFID owns 6,967,563, which is generally directed to an inventory control system including radio frequency identification (RFID) tags attached to inventory items, an interrogator/reader, and a computer.  The [...]

For Smoked Fish, Its Déjà Vu All Over Again

2008-1410 Tuna Processors v. Hawaii Int’lD/HI 1:05-CV-00517Judge Barry Kurren Patentee Tuna Processors ("TPI") appeals from the stipulated judgment of non-infringement in favor of Hawaii Int’l ("HISI") based on Magistrate Judge Barry Kurren’s claim construction.  TPI owns 5,484,619 (the ’619 or Yamaoka patent) directed to curing fish and meat by extra-low temperature smoking.  If this topic [...]

Trading Tech Lawsuit Yields Mixed Results

2008-1392 Trading Tech v. eSpeedND/IL 04-cv-5312 Both parties have appealed from various orders of Judge James Moran.  The case has a plethora of issues, mixed rulings, and reversals.  Excellent coverage of the district court proceedings is provided by David Donoghue at Chicago IP Litigation Blog. Trading Tech brought several suits, including this one against eSpeed [...]

In Brief: Novo Nordisk v. Sanofi-Aventis

2008-1225 Novo Nordisk v. Sanofi-AventisD/NJ 07-CV-3206Judge Mary L. Cooper Briefing is done in Novo’s appeal of the district court’s denial of its motion for a preliminary injunction.  Oral argument is scheduled for Thursday, 10 July 2008, courtroom 201. Novo accused Sanofi’s SoloStar® disposable insulin delivery "pen" of infringing 7,241,278, which is generally directed to an [...]

ITC Finds Canady Endoscopic Probes Do Not Infringe

2008-1358 ERBE Elektromedizin v. ITCITC 337-TA-569 ERBE appeals from the ITC’s decision that Canady Technology does not infringe 5,720,745 and that ERBE did not show a domestic industry for the ’745. ERBE filed its § 337 complaint alleging that respondent Canady infringed the ’745 patent (and Supp. Trademark 2,637,630) by importing certain endoscopic probes for [...]

In Brief: 2008-1157 Duratech Ind. v. Bridgeview Mfg.

2008-1157 Duratech Ind. v. Bridgeview Mfg. ND 3:05-cv-90 Judge Rodney Webb construed the key limitation “a manipulator mounted inside the container for driving crop material into the disintegrator” as means-plus-function language and limited it to the structure disclosed.  Declaratory judgment defendant/patentee Bridgeview stipulated that the accused products did not infringe that construction and filed this [...]