Having Won Appeal, Pitt Appeals Again

2010-1155 Univ. of Pittsburgh v. Varian
WD/PA 07-cv-0491
Judge Arthur Schwab
Pitt appeals from the order of Judge Schwab dismissing its complaint without prejudice instead of allowing it to file an amended complaint alleging its standing to sue.  The case was just back to the district court after the Federal Circuit ruled for Pitt in 2008-1441 that the [...]

Appealing A Stay Pending Reexamination II

2010-1155 Sorensen v. Spectrum Brands
SD/CA 09-cv-0058
Judge Barry Ted Moskowitz
Pantentee Sorensen again attempts to appeal from the Order of Judge Barry Moskowitz granting defendants’ motion to stay the case pending reexamination of patent no. 4,935,184.  This is the same plaintiff, patent, judge, and subject as on appeal in 2010-1142.  Defendant in the 2010-1142 action have moved [...]

Target Can’t Be Sued Under § 292 For Selling Mis-Marked Product

2010-1130 Inventorprise v. Target
SD/NY 09-cv-380
Judge Thomas McAvoy
Inventorprise appeals from the order of Judge Thomas McAvoy dismissing for lack of subject matter jurisdiction its complaint against Target for false marking under 35 U.S.C. § 292. 
Although it sounds to me more like an issue under 12(b)(6) for failure to state a claim, the court [...]

Enforcing Settlement Not A Federal Case

2010-1094 Kawasaki Hvy Indus v. Bombardier Rec
ED/TX 5:06-cv-222Judge David Folsom
Kawasaki appeals from the order of Judge David Folson denying its FRCP 60(b)(3) motion to set aside a stipulated dismissal and to enforce the terms of a settlement agreement.  The dismissal was entered after the parties had resolved a patent infringement dispute and entered into [...]

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 where he [...]

Court Declines To Enforce Settlement, Dismisses Infringement Action

2008-1458 Icon Health v. Keys FitnessD/UT 06-cv-00087Judge Tena Campbell
Icon appeals from the order of Judge Tena Campbell dismissing the case for lack of subject matter jurisdiction.  The order followed Icon’s motion to enforce a settlement the parties apparently reached during the case, although the infringement claims were never dismissed or concluded. 

DJ Doesn’t Stick Without Patentee Threats

2008-1444 PanaVise v. National ProductsCD/CA 8-cv-1300Judge Audrey Collins
DJ plaintiff PanaVise Products appeals from the order of Judge Audrey Collins granting National’s 12(b)(1) motion for lack of an actual case or controversy.  The case involves National’s 6,666,420 patent and the parties’ products: competing suction cup mounting systems such as those used in automobiles for mobile phone [...]

Attempt To Concede Priority And Appeal From BPAI Backfires

2008-1418 Human Genome v. ImmunexD/DE 07-CV-780Judge Sue Robinson
Humane Genome (HGS) appeals from Judge Sue Robinson’s order dismissing the complaint for lack of subject matter jurisidiction.  Although not a patent infringement action (and therefore not the usual PATracer fare), the case derives from an interference proceeding before the BPAI and an interesting decision from a judge [...]

Return To Sender: Early ANDA Notice Ineffective

2008-1414 SB Pharmco v. Mutual PharmaceuticalED/PA 08-cv-0549Judge R. Barclay Surrick
Defendant Mutual appeals from the grant by Judge R. Barclay Surrick of Judgment on the Pleadings, finding that Mutual’s December 21, 2007 ANDA Paragraph IV Notice to SB d/b/a Glaxosmithkline (GSK) was premature and did not trigger the 45-day period to file a lawsuit under 21 [...]

Ignoring Italian Arbitration Proves Costly To Innovative Designs

2008-1387 R.M.F. Global v. CattanWD/PA 04-cv-0593
Declaratory judgment plaintiff Innovative Designs appeals from Judge Arthur Schwab’s order confirming the Italian Arbitration Association’s ("IAA" or, when in Italy, "AIA") award to Eliotex/Cattan of approximately $4.1 million plus over €200,000 in arbitration and attorney’s fees.
Plaintiffs were the exclusive agents for defendants with rights to defendants’ patent, 6,083,999, and [...]