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 [...]

In Brief: 2008-1157 Duratech Ind. v. Bridgeview Mfg.

2008-1157 Duratech Ind. v. Bridgeview Mfg. ND 3:05-cv-90 Judge Rodney Webb construed the key limitation “a manipulator mounted inside the container for driving crop material into the disintegrator” as means-plus-function language and limited it to the structure disclosed.  Declaratory judgment defendant/patentee Bridgeview stipulated that the accused products did not infringe that construction and filed this [...]

Touchpads Infringe, Preliminary Injunction Granted

2008-1310 Elantech v. SynapticsND/CA 06-01839 Synaptics appeals Judge Charles Breyer’s Orders granting plaintiff partial summary judgment on infringement, entering a preliminary injunction, and the claims construction decision on which summary judgment is based.  The case involves numerous Elantech patents related to touchpads, but the one on which summary judgment was granted is 5,825,352, and only [...]

Fingerprint Encryption Patent Invalid Under §112

2008-1189 Intl Automated v. Digital Persona D/UT 2:06cv72 International Automated Systems appeals Judge Dee Benson’s grant of summary judgment on invalidity to defendants Digital Persona and Microsoft.  IAS is the exclusive licensee of 5,598,474 directed to encrypting fingerprints onto the magnetic strip of an ID card. After construing various disputed claim terms, including several of [...]

Eastern District of Michigan Clamps Down on Welker Bearing’s Infringement Claims

2008-1169 Welker Bearing v. PHDED/MI 06-CV-13345 Plaintiff Welker Bearing has appealed Judge Gerald Rosen’s claim construction and grant of summary judgment (noninfringement) in favor of PHD. Welker Bearing’s 6,786,478 and 6,913,254 patents are directed toward pin clamps used to hold work pieces in welding and manufacturing. When an effort to license those patents failed in [...]

2008-1157 Duratech Ind. v. Bridgeview Mfg.

ND 3:05-cv-90 Declaratory judgment action (with infringement counterclaims) relating to 6,375,104 and 6,109,553, farm machinery processors for disintegrating baled crop material.  Judge Rodney Webb construed the key limitation “a manipulator mounted inside the container for driving crop material into the disintegrator” as means-plus-function language and limited it to the structure disclosed.  Patentee stipulated that accused [...]