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Tracking Patent Appeals

Prosthetic Sock Claims Invalid In Light Of Prosthetic Socks

2010-1119 Ohio Willow v. Thermo-Ply
ED/TX 07-cv-274
Judge Ron Clark
Patentee American Willow appeals from the summary judgment order of Judge Ron Clark finding the asserted claims of 7,291,182 invalid under §§ 102 and 103.  The '182 patent generally is directed at a coated fabric liner for prosthetics. 
The case also involved an intervenor seeking to be [...]

Ripmax RC Patent Does Crash And Burn

2009-1098 Horizon Hobby v. Ripmax
CD/IL 07-cv-2133
Judge Michael McCuskey
Patentee Ripmax appeals from the order and judgment of Judge Michael McCuskey confirming the jury verdict that the asserted claims of 6,983,128 were invalid as anticipated and obvious.  The patent relates to a radio control system for model cars, boats, airplanes, etc.  The case also involved claims [...]

Teva’s Generic VIGAMOX Dealt A Black Eye

2009-1097 Alcon Inc. v. Teva Pharmaceuticals
D/DE 06-cv-234
Judge Sue Robinson
Defendant Teva appeals from the verdict following a bench trial before Judge Sue Robinson finding that its ANDA to market a generic version of VIGAMOX, a topical ophthalmic solution comprising the active ingredient moxifloxacin hydrochloride, infringes 6,716,830 and that the claims are valid.

KSR Breaks Bundle Splitting Patent

2009-1151 Geo Martin v. Alliance MachineND/CA 07-cv-692Judge William Alsup
Plaintiff Martin appeals the grant by Judge William Alsup of defendant's Rule 50 motion finding 6,655,566 invalid as obvious.  The ruling comes after a 2 week jury trial resulted in a hung jury.  The court employed KSR and found the patent, directed to a bundle breaker for [...]

Robert Cohn Was Once Middleweight Boxing Champion Of Princeton

2009-1031 Marrin v. GriffinCD/CA 07-239Judge George Wu
Patentees' Jeff and Claudia Griffin appeal from Judge George Wu's grant of summary judgment finding claims 1-4 of their 5,154,448 patent invalid under 102 and 103.  The patent relates to a label that allows users to write without using a pen or the like–Marrin is the founder of Etch-It, [...]

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 summarizing it myself, I [...]

No Love For Nipple Cover Patent

2008-1590 Randi Black v. Ce Soir LingerieED/TX 2:06-cv-544Judge John Love
Plaintiff Randi Black appeals from the summary judgment decision and order of Judge John Love finding her 7,152,606 patent invalid as obvious.  The patent essentially claims a pad covering at least 1/2 of a breast and tapered in thickness to a relatively thin outer edge that [...]

Generic Ultracet® Clears Another Patent Hurdle

2008-1549, 1550 Ortho-McNeil v. KaliD/NJ 06-3533Judge Dennis Cavanaugh
Ortho-McNeil appeals from the grant of summary judgment to defedants by Judge Dennis Cavanaugh finding that the claims of RE39,221 (formerly 5,336,691) are invalid as obvious.
Ultracet® is a pain relief drug combining tramadol hydrochloride and
acetaminophen in a 1:8.67 ratio by weight.  The claims of the ‘221 cover [...]

Judge Hammers Abbott’s Patent

2008-1511-1514 Therasense v. Becton, DicksonND/CA 04-02123 and other consolidated actionsJudge William Alsup
Plaintiffs Therasense and Abbott appeal from the judgment of Judge William Alsup finding in favor of defendants that (i) claims 1-4 of 5,820,551 (co-owned by Abbott and Therasense) are invalid as obvious and (ii) the ‘551 is unenforceable by reason of inequitable conduct.
The ‘551 [...]

Court Zaps The Cardinal’s PCR HIV Patents

2008-1509, 1510 Leland Stanford Junior University v. RocheND/CA 05-04158Judge Marilyn Hall Patel
Stanford appeals from the summary judgment opinion of Judge Marilyn Hall Patel finding that its 5,968,730; 6,503,705 and 7,129,041 patents invalid as obvious under § 103.  The patents involve correlating measurements of HIV nucleic acids obtained via a polymerase chain reaction (PCR) assay with [...]

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