When (Claimed) Size Matters

2010-1096 Biopolymer v. Immunocorp D/MN 05-cv-536 Judge Joan Ericksen Plaintiff Biopolymer appeals the grant of summary judgment by Judge Joan Ericksen finding that defendants did not infringe 5,702,719, related to an animal nutritional supplement with yeast cell wall extract. The case involved 14 patents but, following the grant of partial summary judgments all around, the [...]

Court Rejects Collateral Attack On Patent Ownership

2009-1167 Enovsys v. NextelCD/CA 06-cv-5306Judge Ronald Lew Defendant Nextel appeals from the order and judgment of Judge Ronald Lew affirming the jury's verdict of infringement and $2.78 million in damages.  Enovsys asserted 6,560,461 against Nextel's iDEN system, relating to a system to protect and manage the disclosure of the precise location of a user's cell [...]

Federal Circuit To Revisit Scope Of Akazawa

2008-1606 Sky Tech. v. SAP AGED/TX 06-cv-440Judge David Folsom Defendant SAP was granted leave by the Federal Circuit (2008-m879) for an interlocutory appeal of Judge David Folsom's order determining that, by operation of Massachusetts state law, a security interest default and foreclosure sale transfers title to a secured patent even in the absence of any [...]

Pitt’s Late Invite Crashes Infringment Party With Varian

2008-1441/1454 Univ. of Pittsburgh v. Varian Medical WD/PA 07-CV-491Judge Arthur J. Schwab There are standing issues and then there are standing issues.  Both parties have appealed from Judge Arthur J. Schwab’s final order dismissing University of Pittsburgh’s infringement case against Varian Medical Systems–with prejudice–for lack of standing.  Still basking in the glory of its stunning [...]

In Brief: Baystate Technologies v. Bowers

2008-1204 Baystate Technologies v. BowersD/MA 91-cv-40079Judge Nathaniel Gorton The appeal brief is in from movant/appellant Professor George Kuney seeking authority to receive and use materials from the underlying Baystate case in a textbook.  The material is covered by a stipulated protective order entered in 1998, and the district court summarily denied his motion to intervene [...]

Omitted Inventor Denies Plaintiff Standing To Sue

2008-1363 Nartron Corp. v. Schukra USAED/MI 06-cv-10683 Nartron appeals from Judge Lawrence Zatkoff’s order granting summary judgment to defendant on lack of standing.  Nartron sued Borg Indak alleging infringement of 6,049,748 directed to electronic controls for automotive seats with massage and lumbar support features.  On summary judgment the court found that one of Schukra’s former [...]

Plaintiff’s Failure to Prove Patent Ownership Ends Trial

2008-1269/1270 Tyco Healthcare v. EthiconD/CT 3:04-cv-1702 Plaintiff Tyco and defendant Ethicon each appeal from portions of Judge Janet Artherton’s order granting a directed verdict and dismissing Tyco’s claims without prejudice. Tyco alleged that Ethicon’s Harmonic Scalpel(R) infringed multiple claims of four separate patents generally relate to ultrasonic dissection and coagulation systems. Tyco claimed ownership of [...]

Chair Designer Sits on Claims Too Long

2008-1254 Studio & Partners v. KIED/WI 06-c-628 Plaintiff S&P appeals Judge William Griesbach’s order dismissing on summary judgment its claims related to an allegedly stolen furniture design.  In the 1990′s S&P designed a chair called "Campus" which became the subject of discussions between S&P and KI.  KI ultimately told S&P that it was not interested, [...]

Professor Can’t Intervene To See Confidential Information

2008-1204 Baystate Tech v. BowersMA 91-cv-40079Professor George Kuney of the University of Tennessee College of Law appeals the district court’s summary denial of his motion to intervene and to modify a protective order.  In 1991 Baystate filed a declaratory judgment action against Bowers—both parties had software programs related to a third-party CAD program.  Bowers counterclaims [...]