To Hell In A Handbag: Patent Unenforceable, Plaintiff And Counsel Hit With Fees

2008-1539 Advanced Magnetic v. Romag FastenersSD/NY 98-cv-7766Judge Paul Crotty Plaintiff AMC appeals from the order of Judge Paul Crotty finding the case exceptional under § 285 and awarding attorney’s fees, and ruling AMC’s 5,572,773 patent unenforceable due to inequitable conduct.  The court also found litigation misconduct and AMC’s counsel jointly responsible for the attorney’s fees [...]

Court Dismisses Claims Over Wang’s Application

2008-1496 Saint Gobain v. WangD/MA 07-cv-40129Judge F. Dennis Saylor, IV Plaintiff Saint Gobain Ceramics & Plastics appeals from Judge F. Dennis Saylor’s dismissal of its claims regarding ownership of a pending patent application for lack of subject matter jurisdiction. Wang was a former employee of Saint Gobain.  After leaving he went to defendant Planar Solutions [...]

Court Helps UPitt Drop Some Inventors

2008-1468 Univ. of Pittsburgh v. HedrickCD/CA 04-9014Judge Consuelo Marshall Defendants Hedrick et al. appeal from the judgment of Judge Consuelo Marshall finding that defendants were not inventors of 6,777,231 and directing the PTO to change inventorship under 35 U.S.C. § 256. § 256 allows a court to remove an inventor from an issued patent if [...]

Omitted Inventor Denies Plaintiff Standing To Sue

2008-1363 Nartron Corp. v. Schukra USAED/MI 06-cv-10683 Nartron appeals from Judge Lawrence Zatkoff’s order granting summary judgment to defendant on lack of standing.  Nartron sued Borg Indak alleging infringement of 6,049,748 directed to electronic controls for automotive seats with massage and lumbar support features.  On summary judgment the court found that one of Schukra’s former [...]

Patent Clause Doesn’t Protect You From Termination

2008-1330 Singhal v. Mentor Graphics ND/CA 3:07CV01587 Plaintiff Ajay Singhal appeals from Judge Jeffrey White’s order dismissing his wrongful termination claim under F.R.C.P. 12(b)(6).  Singhal claims that his former employer, Mentor Graphics, intentionally failed to list him on several patent applications and, when he complained, terminated him.  Among other claims, his complaint seeks to correct [...]

Chair Designer Sits on Claims Too Long

2008-1254 Studio & Partners v. KIED/WI 06-c-628 Plaintiff S&P appeals Judge William Griesbach’s order dismissing on summary judgment its claims related to an allegedly stolen furniture design.  In the 1990′s S&P designed a chair called "Campus" which became the subject of discussions between S&P and KI.  KI ultimately told S&P that it was not interested, [...]

2008-1168 Carter v. Alk Holdings

ND/GA 1:06-cv-2080    Carter was an employee of defendants who, allegedly on his own time etc., invented a new locking mechanism for safe-deposit boxes.  After defendants initially passed on the idea, they approached plaintiff about a 50%-50% partnership.  Defendants hired a patent attorney to prosecute the application, but apparently defendant Hassebrock was improperly added as [...]