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2008-1348 Qualcomm v. BroadcomSD/CA 05-cv-1958
Qualcomm appeals from Judge Rudi Brewster’s Order of 05 March 2008 finding a Self-Defense Exception to the Attorney-Client Privilege.  This order permits Qualcomm’s trial counsel to disclose otherwise privileged information in defending themselves against sanctions.
Coverage of this case–and sanctions–has been wide and extensive (e.g., WSJ).  In a nutshell, Qualcomm sued [...]

Failure To Hire New Counsel Triggers Default Judgment

2008-1346 Shuffle Master v. AwadaD/NV 2:04-CV-0980
Defendant Yehia Awada appeals from Judge Brian Sandoval’s refusal to reconsider his order to enter default judgment against Awada and his company/co-defendant Gaming Entertainment.  Awada filed an earlier appeal to the Ninth Circuit on the default judgment order itself.  The CAFC appeal is based on a separate Notice of Appeal, [...]

Pop-Up® Web Photos Cook TNI

2008-1319 Volk Enter. v. TNI Packaging ND/GA 1:06-cv-318

Defendant  TNI appeals from the Order of Judge Jack Camp holding it in contempt, fining it $200/day, and awarding over $30,000 in legal fees against it.  TNI was found to have violated the terms of a stipulated Consent Order that ended the case in 2006.
Volk owns patents on [...]

KXD’s Conduct Leaves Them SOL

2008-1316 US Philips v. KXD TechnologyCD/CA 2:05-cv-08953

Defendant KXD appeals from judgment on Judge Edward Rafeedie’s Order Striking Defendants’ Answers and Entering Default.  The case involved DVD players and Philips’ patents 5,463,607 and 5,677,903, with the court entering judgment in excess of $91 million and entering a preliminary injunction against defendants’ assets. 
According to the court, [...]

Inventor Faked Drawing For PTO: Patent Unenforceable

2008-1291 to 1298 Armament Systems v. IQ Hong KongED/WI 00-C-1257 (lead case)
Plaintiff Armament Systems (ASP) appeals Judge William Griesbach’s orders finding its patent unenforceable for inequitable conduct and then awarding attorneys’ fees under § 285.  ASP’s patent, 6,190,018, is directed to a miniature LED flashlight. 
The patent issued in February 2001, and plaintiff quickly filed [...]

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 the [...]

Molten’s Defense Dribbles Off Foot, Loses $8 Million

2008-1216 Baden Sports v. Molten
WD/WA 06-cv-210

Molten appeals from Judge Marsha Pechman’s denial of its motions for new trial and JMOL following a $8+ million jury verdict (and permanent injunction) against it for infringement (5,636,835) and false advertising. 
Baden and Molten are competitors, and Molten’s advertised its cushioned ball as “innovative technology that is proprietary to [...]

Northern District of Georgia Washes Out Cross-Motions For Sanctions

08-1181 ChemFree v. McClureND/GA Case No. 00-CV-1530
Plaintiff ChemFree Corporation appeals
Judge J. Owen Forrester’s order denying in part ChemFree’s motion
for sanctions and to enforce the parties’ settlement agreement
after Defendant McClure challenged the ownership and validity of
patents he assigned to ChemFree as part of a settlement.  After a
protracted dispute regarding ownership of several patents related to bio-washers [...]

2008-1162 Qualcomm v. Broadcom

SD/CA 05-CV-1958
Qualcomm sued Broadcom on ‘104 and ‘767 patents.  Jury found that Broadcom did not infringe and, in advisory capacity, found the patents unenforceable due to inequitable conduct and waiver based on Qualcomm’s conduct before the Joint Video Team (JVT), a standard setting body that created the H.264 standard.  After the verdict, Qualcomm produced approximately [...]