Outsourcing Doesn’t Directly Infringe

2010-1125 Phoenix Solutions v. DirecTV Group
CD/CA 08-cv-984
Judge Mariana Pfaelzer
Phoenix appeals from the order of Judge Pfaelzer granting summary judgment of non-infringement to DirecTV relating to a series of patents generally directed to speech processing technology and natural language interactive voice response systems.  The accused systems include a website and telephone support lines that allegedly [...]

Juducial Estoppel Bars New Infringement Theory

2010-1118 Altair v. LEDdynamics
ED/MI 07-cv-13150
Judge George Caram Steeh
Plaintiff Altair appeals from the grant of summary judgment by Judge Steeh finding that LEDdynamics LED fluorescent tube replacement bulb did not infringe certain asserted claims of 7,049,761.  While the result appears fairly easy based on the court's claim construction, Altair developed a new infringement theory during [...]

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 and cost [...]

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 [...]

Exela ANDA Infringes Allergan’s Patents

2010-1102 Allergan v. Exela PharmSci
In re Brimonidine Patent Litigation
D/DE 07-md-1866
Judge Gregory Sleet
Defendant Exela appeals from the judgment following a bench trial that its ANDA for a brimonidine solution for glaucoma treatment infringed several patents of Allergan.  Allergan markets its product as ALPHAGAN P.  The court also rejected a myriad of invalidity arguments.

En Banc: 271(f) and Cardiac Pacemaker

2007-1296 Cardiac Pacemaker v. St JudeSD/IN 96-CV-1718Judge David F. Hamilton
The Federal Circuit is hearing the case, en banc, directed to a single question:
Does 35 U.S.C. § 271(f) apply to method claims, as well as product claims?
The panel relied on Union Carbide Chems. & Plastics Tech. Corp. v. Shell Oil Co., 425 F.3d 1366 (Fed. [...]

In Brief: Blackboard v. Desire2Learn

2008-1368 Blackboard v. Desire2LearnED/TX 9:06-CV-155Judge Ron Clark
Cross-appeals involving Blackboard’s 6,988,138 patent. The jury found Desire2Learn infringed claims 36-38, also finding those claims valid.  The court found claims 1-35 invalid for indefiniteness.  The ‘138 is also currently in reexams, with the PTO having preliminarily rejected claims 1-44.
Oral argument is scheduled for Tuesday, March 31, 2009 [...]

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.

Christmas Won’t Be Christmas Without Any Presents

2009-1027 Kara Technology v. Stamps.comCD/CA 05-cv-1890Judge Consuelo Marshall
Plaintiff Kara appeals from the orders of Judge Consuelo Marshall denying its post-trial motions and from the jury verdict of non-infringement in favor of Stamps.com.  The asserted patents were 6,505,179 and 6,735,575.
Stamps.com is an online postage stamp business, essentially an alternative to a stamp metering machine.  The accused [...]

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, [...]