Earlier Contract Case Now Bars Invalidity DJ

2010-1134 Cummins v. TAS Distribution
CD/CA 09-cv-1096
Judge Joe Billy McDade
Cummins appeals from the summary judgment of Judge McDade finding its declaratory judgment action for patent invalidity, misuse, and contract termination barred under the doctrine of claim preclusion (f/k/a res judicata). 
This is the third lawsuit between the parties since 2003, and all derive from a [...]

Court Maintains License Pending Coverage Dispute

2009-1168 Fairchild Semiconductor v. Third Dimension (3D)D/ME 08-158Judge D. Brock Hornby
Patentee/declaratory-judgment defendant 3D appeals from the grant by Judge D. Brock Hornby of a preliminary injunction prohibiting it from terminating a patent license to Fairchild.  The license relates to patent 5,216,275 and a related Chinese patent directed to superMOSFET technology for silicon semiconductors.

Strike 4: Lovenox® Patent Still Unenforceable

2008-1560 Aventis v. SandozCD/CA 06-4858Judge Mariana Pfaelzer
Aventis appeals from the order of Judge Mariana Pfaelzer granting Sandoz’s motion for summary judgment finding 5,389,618 and RE38,743 unenforceable for inequitable conduct and dismissing Aventis’s infringement claims.  The patents are directed to a composition comprising low molecular weight heparins (“LMWHs”) marketed as Lovenox® in the United States and [...]

Hospira Wins Dismissal But Loses Time

2008-1499 Aventis Pharma v. Hospira CD/CA 07-CV-8137Judge Mariana R. Pfaelzer
Aventis has appealed from Judge Pfaelzer’s Order granting Hospira’s motion for judgment on the pleadings and dismissing Aventis’s infringement claim with prejudice based on collateral estoppel. 

Aventis owns U.S. Patent No. 5,389,618 claiming enoxaparin sodium sold under the brand name LOVENOX®.  Enoxaparin sodium is
used for the [...]

If I Don’t Win On Claim 1, Can I Sue On Claim 2?

2008-1460 Hemphill v. Kimberly-ClarkD/DC 07-1236Judge Rosemary Collyer
Allegra Hemphill appeals from Judge Rosemary Collyer’s order dismissing her case based on res judicata.  She previously sued over the same products and lost, but returns to try a different claim from the same patent. 

Cygnus Can’t Show Privity To Bind Non-Parties To Consent Judgment

2008-1351 Cygnus Telecom. v. WorldPort Comm.ND/CA 02-cv-00144 and 02-cv-00142
Plaintiff Cygnus appeals from Judge Ronald Whyte’s Order denying Plaintiff’s Motion for Permanent Injunction.  Cygnus sought a permanent injunction against Chris Canfield, Telenational Communication, and Rapid Link, Inc. from infringing Cygnus’s patents, including 6,035,027, which are generally directed at an interactive telephone callback system designed to exploit [...]

Holding Company Not Liable For Subsidiary’s Conduct

2008-1202 TIP Systems v. SBC OperationsSD/TX 06-CV-0253
Plaintiff TIP appeals summary judgment of non-infringement.  TIP owns two patents related to “inmates phones” for prisoners’ use in correction facilities.  TIP had separately sued others, but had summary judgment of non-infringement entered against it (on appeal as 2007-1279 and 1241). 
Here, the court had previously dismissed AT&T and [...]

2008-1158 Kuhl Wheels v. General Motors

ED/MI 06-CV-15204
Kuhl owns 6,042,194 and 6,520,592.  Hayes Lemmertz had filed a declaratory judgment action that its Struktur Wheel didn’t infringe.  Counterclaims followed, and Kuhl attempted to add GM and Ford as infringers, arguing that the claims were virtually identical (apparently Ford and GM purchase wheels from Hayes).  That court denied the motion, so Kuhl filed [...]