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 [...]

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: Qualcomm v. Broadcom

2008-1199, 2008-1271, 2008-1272 Qualcomm v. Broadcom CD/CA 05-CV-467 Judge James V. Selna The appeal briefs are in from the other, other Qualcomm v. Broadcom case in which certain of Qualcomm’s (3G) WCDMA and EV-DO cellular chips and its QChat software were found to infringe and were permanently enjoined.  Qualcomm’s brief can be downloaded here, Broadcom’s [...]

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 [...]

EZ Gard Wins Preliminary Injunction Against XO

2008-1384 EZ Gard v. XO AthleticD/MN 07-cv-4769 Defendant XO appeals Judge James Rosenbaum grant of a preliminary injunction against it. EZ Gard manufactures athletic mouthguards, including the GEL MAX, and claims to own [see Notes and Comments below] 5,339,832 directed to a thermoplastic mouthguard with an integral shock absorbing framework. XO is also in the [...]

Court Extinguishes Firetrace Injunction Demands

2008-1379 Firetrace USA v. JesclardD/AZ 07-2001 Patentee Firetrace appeals from Judge Roslyn Silver’s order denying its motion for permanent injunction.  The case is a little odd in that the permanent injunction was heard and decided before liability or the merits of the claims.  The court’s ruling stated, in full: A permanent injunction hearing was held [...]

Ocean Duke’s Fish Run Afoul Of Patent

2008-1364 Kowalski v. Ocean DukeD/HI 04-cv-00055 Defendant Ocean Duke appeals a series of orders by Judge Barry Kurren denying its various post-trial motions on non-infringement, invalidity and damages.  A jury previously found that Ocean Duke willfully infringed 5,972,401 and awarded $2.2 million. The ’401 patent is directed to a method of manufacturing tasteless super-purified smoke [...]

CAFC Preliminary Injunction Update: Legal Issues As Substantial Questions

Recently we promised updates on preliminary injunctions at the Federal Circuit, and last week the the court issued E.I. du Pont v. MacDermid Printing, Case No. 2007-1568, reversing the district court’s denial of a preliminary injunction and remanding for reconsideration.  The appeal turned whether du Pont’s asserted patent was entitled to an earlier priority date [...]

Cygnus Can’t Show Privity To Bind Non-Parties To Consent Judgment

2008-1351 Cygnus Telecom. v. WorldPort Comm.ND/CA 02-cv-00144 and 02-cv-00142 Plaintiff Cygnus appeals from Judge Ronald Whyte’s Order denying Plaintiff’s Motion for Permanent Injunction.  Cygnus sought a permanent injunction against Chris Canfield, Telenational Communication, and Rapid Link, Inc. from infringing Cygnus’s patents, including 6,035,027, which are generally directed at an interactive telephone callback system designed to [...]

CHF’s Medical Device Is Chased From The Market

2008-1335 Chase Medical v. CHF TechnologiesND/TX 3:04-cv-2570 Defendant CHF appeals from the final judgment entered by Judge Barbara Lynn on the jury’s verdict that CHF willfully infringed 2 Chase patents.  The court doubled the award under § 284, awarded attorneys’ fees, and entered a permanent injunction against sales of CHF’s Blue Egg product. Chase’s patents [...]