Lighter Infringer Dodges Willfulness But Still Must Pay $800k

2008-1324/1325 Calico Brands v. Ameritek ImportsCD/CA cv-05-205 Both parties appeal from Judge Patrick Walsh’s Order granting in part, denying in part, defendant’s JMOL. The judge affirmed the jury award of nearly $800,000, but vacated the jury’s finding of willfulness and also denied plaintiff’s motion for enhanced damages.   The case involved  trigger-type lighters. The court had [...]

Takeda’s PREVACID® Gets Split Decision Against Teva

2008-1314 Takeda Pharma v. Teva PharmaD/DE 06-cv-33 Teva appeals Judge Susan Robinson’s Order and Opinion finding Takeda’s patent, 4,628,098 not invalid and not enforceable: Teva had previously admitted that its ANDA for a generic form of PREVACID® infringed the ’098.   Also tried last year to the court was infringement and validity re: 5,045,321.  The Order [...]

Fresenius Asks CAFC To Reinstate First Jury Verdict

2008-1306 Fresenius USA  v. Baxter Intl    ND/CA 03-cv-1431 DJ plaintiff Fresenius appeals various orders from Judge Saundra Armstrong finding certain dialysis machines infringed several Baxter patents.  In addition to some damages, the court entered a permanent injunction against the sale of new machines beginning in 2009. In 2006 the court found that one of [...]

Mircera® Case Early Test For Recent Pfizer Decision

2008-1300 Amgen v. F Hoffman-LaRocheD/MA 05-cv-12237 Defendant Hoffman-LaRoche appeals from the post-trial preliminary injunction issued by Judge William Young following a jury verdict that Amgen’s patents were infringed by Hoffman-LaRoche’s Mircera® and were valid.  A preliminary injunction after trial is a little unusual, but the court indicated that it was struggling with the public interest [...]

Dried Up and Obvious: Süd-Chemie’s Desiccant Patent Invalid

2008-1247 Süd-Chemie v. Multisorb TechWD/KY 3:03cv-29-S Süd-Chemie appeals from Judge Charles Simpson III’s grant of summary judgment to defendant Multisorb, finding Süd-Chemie’s 5,793,942 patent invalid as obvious. The ’942 patent is directed to a film material for desiccant containers (think those little packets inside, e.g., shoe boxes).  After claim construction the court, applying KSR, concluded [...]

Jury & Judge Put the (Spinal) Screws to Medtronic

2008-1240 Depuy Spine v. Medtronic SofamorD/MA  01-CV-10165 Defendant Medtronic appeals from final judgment and Judge Edward Harrington’s denial of a bevy of motions including JMOL.  Depuy et al asserted 5,207,678 directed to pedicle screws and receiver members used in spinal surgeries.  In an earlier appeal to the CAFC, certain claim construction was determined, some of [...]

Animal Carcasses + Ex Employee=Infringement and Theft of Trade Secrets

2008-1228 Ecolab, Inc. v. FMC Corp.D/MN 05-cv-831 Plaintiff Ecolab appeals from Judge James Rosenbaum’s denial of several post-trial motions following a split jury verdict.  Ecolab sued FMC on several patents related to the treatment of animal carcasses and meat.  The jury found that FMC infringed several valid claims, did not infringe several claims, and that [...]

Missing Clinker Sinks Cement Patent

2008-1218 Ultimax Cement v. CTS CementCD/CA 02-cv-578 Plaintiff Ultimax appeals Judge Alicemarie Stotler’s orders that its 6,406,534 patent is not infringed and is invalid.  The ‘534 is directed to a high strength, fast setting cement.  Defendants thought the asserted claims of the ‘534 patent seemed a lot like the inventors earlier patents, and eventually moved [...]

Stormwater Filtration Patents Not Invalid and Not Infringed

2008-1206 and 1207 Contech Stormwater v. Baysaver TechD/MD  07-cv-358 Plaintiff Contech and defendant Baysaver appeal and cross appeal Judge Catherine Blake’s grant of motion of summary judgment finding that (1) Baysaver does not infringe and (2) Contech’s patents are not invalid.  The patents relate to a stormwater filtration system.  One term construed by the court [...]

Judge Chesney Affirms Jury Verdict for Celerity

2008-1205 Celerity v. Ultra CleanND/CA 05-cv-4374 Defendant Ultra Clean appeals various orders relating to the jury verdict against it, claim construction, and denied JMOL.  Celerity brought suit on 7 patents against Ultra Clean concerning modular gas delivery technology used in semiconductor manufacturing and other related industries.  During the case 5 of the patents dropped away [...]