Court Rejects “Repair” Defense, Presumes Irreparable Harm For Preliminary Injunction

2010-1146 BorgWarner v. Dorman Products ED/MI 09-cv-11602 Judge John Corbett O’Meara Dorman appeals from the preliminary injunction order entered against it by Judge O’Meara stopping sales of its regenerative air pumps, used in automobile emission controls systems, as a likely infringement of BorgWarner’s 5,527,149 and 6,422,808 patents. The court’s rejection of the “permissible repair” defense [...]

Baker Hughes Gets PI Against Nalco…Again

2010-1124 Baker Hughes v. NalcoSD/TX H-09-1885Judge Kenneth Hoyt Nalco appeals from the grant of a preliminary injunction by Judge Kenneth Hoyt against it from infringing 7,497,943, generally directed to a method of removing or transferring metals and/or amines from crude oil.  This is the second PI granted in the case: the first was vacated by [...]

Court Maintains License Pending Coverage Dispute

2009-1168 Fairchild Semiconductor v. Third Dimension (3D)D/ME 08-158Judge D. Brock Hornby Patentee/declaratory-judgment defendant 3D appeals from the grant by Judge D. Brock Hornby of a preliminary injunction prohibiting it from terminating a patent license to Fairchild.  The license relates to patent 5,216,275 and a related Chinese patent directed to superMOSFET technology for silicon semiconductors.

Court Grants Injunction, Then Stays Case Pending Re-Exam

2009-1158 Automated Merchandising v. CraneND/WV 08-cv-97Judge John Preston Bailey Defendants appeal from the grant of a preliminary injunction by Judge John Bailey against the sale of their new vending machines.  The 4 patents in suit relate to "optical vend detection systems" in vending machines, devices that are supposed to determine whether or not the selected [...]

Post Infringement Reasonable Royalty

2009-1154 Amado v. MicrosoftCD/CA 03-242Judge David Carter Plaintiff Amado appeals from the order of Judge David Carter setting the reasonable royalty for Microsoft's post-verdict sale of infringing products and reducing the number of units for which the royalty is owed. 

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 [...]

Qualcomm Sanctioned For Contempt Of Injunction

2009-1015 Broadcom v. QualcommCD/CA 05-467Judge James Selna Qualcomm appeals from the Order of Judge James Selna finding it in contempt of Court for failing to make certain Sunset Royalty Payments to Broadcom under the terms of the Permanent Injunction.  The royalties related to the Q-Chat technology and Broadcom's 6,389,010 patent. In September, the Federal Circuit [...]

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 [...]

Abuse Of Discretion Returns To Preliminary Injunction Review, At Least For One Case

For those that followed our previous posts on the Federal Circuit's unsettled review of preliminary injunction appeals (here, here, here and here), the Court's recent decision in Abbott Labs v. Sandoz, sheds some more light on the conflict within the CAFC.  Perhaps more than any other current patent issue, a PI appeal may hinge almost [...]

“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, [...]