Enforcing Settlement Not A Federal Case

2010-1094 Kawasaki Hvy Indus v. Bombardier Rec ED/TX 5:06-cv-222Judge David Folsom Kawasaki appeals from the order of Judge David Folson denying its FRCP 60(b)(3) motion to set aside a stipulated dismissal and to enforce the terms of a settlement agreement.  The dismissal was entered after the parties had resolved a patent infringement dispute and entered [...]

More Bulls Facing Tough Times

2008-1462 to 1465 Taurus IP v. DaimlerChryslerWD/WI 07-cv-158Judge Barbara Crabb Plaintiffs Taurus IP and Erich Spangenberg appeal from the judgment of Judge Barbara Crabb finding the 6,141,658 patent not infringed and certain claims invalid–a jury also found that plaintiffs breached a warranty from a prior settlement agreement.  Various other orders are involved, including one finding [...]

Court Declines To Enforce Settlement, Dismisses Infringement Action

2008-1458 Icon Health v. Keys FitnessD/UT 06-cv-00087Judge Tena Campbell Icon appeals from the order of Judge Tena Campbell dismissing the case for lack of subject matter jurisdiction.  The order followed Icon’s motion to enforce a settlement the parties apparently reached during the case, although the infringement claims were never dismissed or concluded. 

Claims Against Downstream Purchasers Barred By Settlement And Estoppel

2008-1430 TransCore v. Electronic TransactionND/TX 3:05-cv-02316Judge Ed Kinkeade TransCore appeals from the summary judgment order of Judge Ed Kinkeade finding that TransCore is judicially estopped from suing defendant for patent infringement due to its earlier settlement with third-party Mark IV. TransCore manufacturers and installers automatic vehicle identification systems ("AVI systems"), including systems that could be [...]

RFR Fights Fee Award Based On “Sham” Indemnity

2008-1399 RFR Indus. v. Rex-Hide Indus.ND/TX 3:02-cv-1444Judge Ed Kinkeade Plaintiff RFR appeals from the order and judgment of Judge Ed Kinkeade awarding attorney’s fees and costs to third-party defendant Century Steps.  This award is made on remand from the Federal Circuit decision in 2005-1587, in which it affirmed the district court’s decision that RFR could [...]

Silicon Graphics v. ATI Is A Draw

2008-1334 Silicon Graphics v. ATI TechnologiesWD/WI 06-c-0611 ATI appeals from the judgments of Judge Barbara Crabb on the verdicts that Silicon Graphic’s  6,650,327 patent valid and enforceable.  The court had previously granted summary judgment of non-infringement to ATI on most of the asserted patent claims, and Silicon Graphics had voluntarily dismissed the rest.  Phillip Brooks [...]

Prior Settlement Bars DJ Action Despite Threat to Customers

2008-1233 WS Packaging v. Global CommerceED/WI 06-cv-674 DJ plaintiff WS appeals from Judge William Griesbach’s orders granting summary judgment to defendant.  WS filed a DJ action seeking a declaration of noninfringement regarding Global’s 6,406,062 patent.  The parties previously litigated, and settled with a mutual covenant not to sue: The parties agree not to institute any [...]

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 [...]