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 [...]

Amgen Scores TKO On EPO

2009-1020 Amgen v. Hoffman-La RocheD/MA 05-12237Judge Willam Young Roche appeals from the judgment of Judge William Young finding that it infringes U.S. Patent Nos. 5,441,868, 5,547,933, 5,618,698, 5,621,080, 5,756,349, and 5,955,422 relating to Amgen’s recombinant erythropoietin (“EPO”).  The Court also entered a permanent injunction. The Court's Order checks in at 150 pages so, rather than [...]

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 [...]

Medtronic, Abbott, Both Have Something To Appeal

2009-1014, -1038 Advanced Cardiovascular v. MedtronicD/DE 98-80-SLRJudge Sue Robinson Both sides appeal from the verdicts, orders and judgment from Judge Sue Robinson's court finding that Medtronic infringes the so-called Lau patents (including 6,432,133), there was no inequitable conduct in procuring the Lau patents, but also declining to enter a permanent injunction.  The case involved various [...]

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 [...]

[Sealed] Beats [Sealed] Because of [Sealed]

2009-1013  Laserfacturing v. Daimler ChryslerSD/TX 7-cv-00207Judge Melinda Harmon Laserfacturing appeals from a sealed judgment and sealed order issued by Judge Melinda Harmon ruling on a bunch of sealed motions filed by Daimler Chrysler.  The asserted patent is 5,595,670, directed to a method of high speed welding.    On its face this is perhaps the most [...]

OK To Heat Accused Product To Show Infringement

2009-1001 Gemtron v. Saint-GobainWD/MI 1:04-cv-0387Judge Avern Cohn Saint-Gobain appeals from the orders and judgment of Judge Avern Cohn and jury verdict finding that Saint-Gobain infringed 6,679,573 directed to a refrigerator shelf.  Saint-Gobain raises the usual JMOL and post-trial arguments, but the most substantive (based on length of discussion by the court) relates to infringement and [...]

Joint Action Of Website And Its Users Can’t Infringe

2008-1588 Global Patent Holdings v. Panther BRHCSD/FL 08-80013Judge Kenneth Marra Plaintiff Global appeals from the decision of Judge Kenneth Marra dismissing the case for failure to state a claim.  Global owns 5,253,341, which is directed to a remote query communication system–the asserted claim has some limitations that are performed by the web server, but others [...]

Another Fishy Case

2008-1562 Fraser v. High Liner FoodsD/MA 06-11644Judge Rya Zobel Plaintiffs, the Fraser frères, appeal from the order of Judge Rya Zobel granting certain defendants summary judgment, denying other defendants summary judgment, and sanctioning the Frasers $500 per defendant for being annoying. This is another case with pre se plaintiffs letting their lack of legal acumen [...]

For Knee Supports, Slightly Curved Isn’t Generally Flat

2008-1554 Farrago v. Rawlings Sporting GoodsED/MO 4:06-cv958Judge Carol Jackson Farrago appeals from the summary judgment order of Judge Carol Jackson finding that Rawlings’ accused Knee Reliever does not infringe his 5,073,986 patent.  The court did grant Farrago summary judgment on Rawlings’ assertions of obviousness and invalidity. The accused product and patent are directed toward a [...]