Subpoena conduct allegations result in evidentiary hearing

Digacomm, LLC v. Vehicle Safety & Compliance, LLC, et al., C.A. No. 08-MC-63-JJF, April 29, 2008.

Farnan, J.  Plaintiff petitioned to enforce a subpoena to the Fish and Richardson law firm.  The Court ordered an evidentiary hearing.to resolve professional issues even if the subpoena issues are fully resolved.


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Court orders limited discovery on stream of commerce theory of jurisdiction

Power Integrations, Inc. v. BCD Semiconductor Corporation, et al., C.A. No. 07-633-JJF-LPS, April 11, 2008.

Stark, M.J.   Motion to dismiss based on lack of personal jurisdiction is denied and limited discovery on stream of commerce theory of jurisdiction is ordered.

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Discovery is permitted in review of interference judgment

Human Genome Sciences, Inc. v. Amgen, Inc. et al., C.A. No. 07-526-SLR-MPT, April 8, 2008.

Thynge, M.J.  The Court agrees to consider priority along with other issues previously presented to the Board of Patent Appeal and Interferences and finds discovery is appropriate.

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Jurisdiction upheld in declaratory judgment action

Samsung Electronics Co., Ltd, et al., v. On Semiconductor Corp., et al., C.A. No. 06-720-JFF, April 3, 2008.

Farnan, J.  Applying new jurisdictional test adopted by the Supreme Court and recent Federal Circuit case law, the Court finds actual controversy sufficient to warrant declaratory judgment action.

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Inequitable conduct claims survive but false marking claims are ruled untimely

Venetec International, Inc., v. Nexus Medical, LLC, C.A. No. 07-57-MPT, March 28, 2008.

Thynge, M.J.  Court denies plaintiff’s motion for partial judgment on the pleadings and grants defendant’s motion in part to amend its answer and counterclaim to expand on its unenforceability defense.


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No infringement, invalidity or inequitable conduct found after bench trial

Takeda Pharmaceutical Company Ltd., et al., v. Teva Pharmaceuticals USA Inc., C.A. No. 06-033-SLR, March 31, 2008.

Robinson, J.  Following a bench trial, the Court finds that plaintiff failed to show infringement and is not persuaded by defendant’s claims of invalidity for obviousness and unenforceability due to inequitable conduct.

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Attorneys' fees awarded in exceptional case

Microstrategy Incorporated v. Crystal Decisions, Inc., C.A. No. 03-1124-MPT, March 25, 2008.

Thynge, M.J.  The Magistrate granted defendant’s motion to rule that this was an “exceptional case” and granted in part its motion for costs and attorneys’ fees.

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Prior existence of nonexclusive licenses is no bar to standing

Inequitable conduct defense withstands motion to dismiss

Elan Corporation, PLC et al. v. Teva Pharmaceuticals USA, Inc., C.A. No. 07-552-SLR, March 7, 2008.

Robinson, J.  Court denies plaintiffs’ motion to dismiss counterclaims and affirmative defenses relating to claims of inequitable conduct with leave to renew at a later date.

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Licensee lacked standing where patentee, not a party, retained rights to sue

Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, C.A. No. 07-190-SLR, March 7, 2008.

Robinson, J.  Court conditionally grants motion to dismiss where plaintiff licensee lacked standing unless patentee is joined by date certain.

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