Judge Finds Scantibodies’ Own Tests Exonerate Immutopics

2008-1522 Scantibodies v. ImmunopicsCD/CA 04-8871Judge Mariana Pfaelzer Scantibodies appeals from the order of Judge Mariana Pfaelzer granting summary judgment of non-infringement to Immunopics.  The court did deny Immunopics’ motion with respect to best mode, enablement, on-sale and obviousness.  Scantibodies was asserting 6,689,566 directed to methods and devices for detecting whole or non-fragmented parathyroid hormone (PTH) [...]

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 [...]

“Let’s a-go!” Nintendo Appeals $21 Million Judgement And Injunction

2008-1500 Anascape v. MicrosoftED/TX 06-cv-158Judge Ron Clark Nintendo appeals from the orders and judgment of Judge Ron Clark affirming a jury’s verdict that Nintendo’s GameCube controller, GameCube Wavebird wireless controller, and Wii Classic controller connected to the Wii remote controller infringes claims of 6,906,700.  The claims were also found valid and, after a bench trial, [...]

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 [...]

Fitness Quest Works Out Of Infringement And Contract Claims

2008-1433 Fitness Quest v. MontiND/OH 06-CV-2691Judge Sara Lioi Defendant Jonathan Monti has appealed Judge Sara Lioi’s opinion and order granting Fitness Quest’s motion for summary judgment of noninfringement.  Fitness Quest sells a host of home exercise products, including the Ab Lounge line of abdominal machines that it introduced in 2003.  A year earlier, Monti approached [...]

Threats Of Infringement Muzzled By Lack Of Evidence

2008-1442 Unitronics v. GharbD/DC 06-cv-027Judge Rosemary Collyer Patentee/DJ defendant Samy Gharb appeals from the orders of Judge Rosemary Collyer finding that Unitronics does not infringe his 6,552,654 patent and from an injunction barring him from threatening Unitronic’s customers with lawsuits. Samy Gharb is a resident of Zürich and represented himself in the DJ proceedings.  He [...]

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), [...]

The Sticker Hits The Fan . . . But It’s Not Infringement

2008-1419 Minka Lighting v. Reliance Lighting CD/CA 05-CV-1015Judge Florence-Marie Cooper Plaintiffs Minka Lighting and Jen-Lung David Tai (collectively, "Minka") appeal from Judge Florence-Marie Cooper’s grant of summary judgment in favor of defendant Aloha Housewares Co., Ltd. ("Aloha").  Judge Cooper also entered a stipulated judgment for damages and a permanent injunction against Reliance Lighting, Inc. ("Reliance").  [...]

Unclaimed Structure Still Relevant To § 112 ¶ 6 Infringement Analysis

2008-1416 Applied Medical v. US SurgicalCD/CA 03-cv-01267Judge Cormac Carney Applied appeals from the jury verdict and JMOL order of Judge Cormac Carney finding US Surgical did not infringe Applied’s 5,385,553 titled "Trocar With Floating Septum Seal."  As the patent explains, a trocar provides a channel through the abdominal cavity through which instruments can be inserted [...]

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 [...]