Claims for conversion and deceptive trade practices under Lanham Act not cognizable

Bavarian Nordic A/S, et al. v. Acambis, Inc, et al., No. 05-614-SLR, May 15, 2007.

Robinson, C.J.  The Court ruled in defendants’ favor and against plaintiffs on cross motions for summary judgment where plaintiffs failed to establish claims for conversion or violation of Lanham Act.

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Patentee ordered to produce foreign-based inventors for deposition in the U.S.

Amgen, Inc., et al., v. Ariad Pharmaceuticals, Inc., et al., No. 06-259-MPT, May 14, 2007.

Thygne, J.  The Court ordered defendants to produce the foreign-based inventors for deposition in the U.S. in patent declaratory judgment action.

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Preliminary injunction denied where plaintiff failed to establish likelihood of success on the merits and irreparable harm

Digene Corporation v. Ventana Medical Systems, et al., No. 01-752-MPT, May 9, 2007.

Thygne, J.  Court denied preliminary injunction against defendant asserting a license defense notwithstanding decision by an arbitration panel that the assignment between co-defendants of rights violated terms of a cross licensing agreement.

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Claim construction rehash resulted in non-infringement ruling in telecommunications case

Telecordia Technologies, Inc. v. Lucent Technologies, Inc., Nos. 04-875-GMS, 04-876-GMS, May 1, 2007.

Sleet, J.  Summary judgment of non-infringement was granted with respect to the '306 patent and denied as to a second patent.  Plaintiff's motion that the '306 patent was not anticipated was granted in part.  Plaintiff's motion that the '306 patent was not invalid due to lack of enablement was granted.  Defendant's motion for summary judgment of invalidity of the '306 patent for failure to disclose the best mode was denied.

 

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Two of three state law claims were dismissed. Discovery was stayed as to unjust enrichment

Knova Software, Inc. et al. v. Inquira, Inc., No. 067-381-JJF, Apr. 27, 2007.

Farnan, J.  Defendant's motion to dismiss claims of intentional interference with prospective economic relationships and unfair competition was granted.  Motion to dismiss unjust enrichment claim was denied.

 

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