Timely Notice Not Required For Indemnification

2008-1582 Mass Engineered v. ErgotronED/TX 206 cv 272Judge Leonard Davis Third-party defendant Global Marketing Partners, Inc. appeals from the order and decision of Judge Leonard Davis holding that it must indemnify defendant CDW from the infringement claims asserted by Mass Engineered.  The appeal is interlocutory, and the underlying case is proceeding with EDTexweblog providing some [...]

UniRAM Defends Patent, Gets $30.5 Million For Stolen Trade Secrets

2008-1494 UniRAM Technology v. Taiwan SemiconductorND/CA 04-cv-1268Judge Vaughn Walker Taiwan Semiconductor Manufacturing Co. (TSMC) appeals from the orders and judgment of Judge Vaughn Walker affirming the jury’s $30+ million verdict that it stole trade secrets from UniRAM and that certain UniRAM patents are not unenforceable.  The patent infringement claims by UniRAM were dismissed with prejudice [...]

Healthport Loses Patent Claims, Is Enjoined From False Advertising

2008-1456 Healthport v. Tanita Corp.D/OR cv-06-419Judge Ancer L. Haggerty Counterclaim plaintiff Tanita appeals from the summary judgment of Judge Ancer Haggerty (adopting the R&R of Mag. Judge Paul Papak) denying part of the requested relief on its false advertising counterclaims.  While the court enjoined future acts of false advertising, it declined to require corrective advertising [...]

Erbe and Canady Split Judgment

2008-1425, 1426 Erbe Elektromedizin v. CanadyWD/PA 05-cv-1674Judge Donetta W. Ambrose Erbe and Canady appeal from portions of Judge Donetta Ambrose’s orders and judgments that essentially found in favor of defendant Canady on all plaintiffs’ claims, and in favor of Erbe on Canady’s counterclaims. Erbe manufactures and sells flexible endoscopic probes for argon plasma coagulation (APC), [...]

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 [...]

Ignoring Italian Arbitration Proves Costly To Innovative Designs

2008-1387 R.M.F. Global v. CattanWD/PA 04-cv-0593 Declaratory judgment plaintiff Innovative Designs appeals from Judge Arthur Schwab’s order confirming the Italian Arbitration Association’s ("IAA" or, when in Italy, "AIA") award to Eliotex/Cattan of approximately $4.1 million plus over €200,000 in arbitration and attorney’s fees. Plaintiffs were the exclusive agents for defendants with rights to defendants’ patent, [...]

“Excess” 285 Award Triggers Attorney Lien

2008-1386 Climax Molybdenum v. MolychemD/CO 02-cv-00311 Molychem’s co-counsel Ramon Pizarro appeals from Judge Matsch’s order giving him approximately $77,000 of the attorney’s fees award rather than the $215,000 he demanded. Background:  Climax and Molychem engaged in a protracted battle at the ITC and in district court over Climax’s claims of patent infringement and Molychem’s Walker [...]

Court Extinguishes Firetrace Injunction Demands

2008-1379 Firetrace USA v. JesclardD/AZ 07-2001 Patentee Firetrace appeals from Judge Roslyn Silver’s order denying its motion for permanent injunction.  The case is a little odd in that the permanent injunction was heard and decided before liability or the merits of the claims.  The court’s ruling stated, in full: A permanent injunction hearing was held [...]

Let’s Get Ready To Rumble: Dickson Smacks Down PET

2008-1372 Dickson Industries v. Patent Enforcement Team LLCWE/OK 02-0467 Patentee Patent Enforcement Team (PET) appeals from the judgment of Judge Joe Heaton entering the jury’s verdict that claim 5 of 4,701,069 is invalid under §§ 102/103 and that PET tortuously interfered with Dickson’s business relations–awarding over $500k in actual and $1 million in punitive damages.  [...]