Antitrust claims are dismissed without prejudice pending appeal
IGT v. Bally Gaming International, Inc., et al., Civ. No.06-282-SLR, April 28, 2010.
Robinson, J. Plaintiff’s renewed motion to dismiss antitrust counterclaims is granted without prejudice.
Continue Reading...Claim construction issues in debit card method litigation
Stored Value Solutions, Inc. v. Card Activation Technologies, Inc., C. A. No.09-495-JJF-LPS, April 28, 2010.
Stark, M. J. The court construes nine claims of one patent, four of which are independent claims.
Continue Reading...Letters of Request to depose witnesses in Sweden and Norway are granted
Pronova Biopharma Norge AS v. Teva Pharmaceuticals USA, Inc., Civil Action No.09-286-SLR-MPT, April 27, 2010.
Thynge, M. J. Defendant’s motion for issuance of Letters of Request is granted. Plaintiff’s motion to file a surreply is granted.
Continue Reading...Motion to reconsider equivalents ruling is denied
Robert Bosch, LLC v. Pylon Manufacturing Corp., Civ. No.08-542-SLR, April 12, 2010.
Robinson, J. Defendant’s motion for reconsideration of the court’s decision regarding the entitlement to equivalents is denied.
Continue Reading...Discovery is denied on stayed antitrust claims
Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No.09-80-MPT, March 23, 2010.
Thynge, M. J. Defendants’ motion to compel discovery is denied.
Continue Reading...Plaintiff is not entitled to provisional damages
Arendi Holding Ltd. v. Microsoft Corporation, et al., Civ. No.09-119-LPS, March 22, 2010.
Stark, M. J. Magistrate recommends that defendants’ motion for summary judgment be granted.
Continue Reading...Supplementation of counterclaims to add new patent is permitted
Masimo Corporation v. Philips Electronics North America Corp., Civil Action No.09-80-MPT, April 19, 2010.
Thynge, M. J. Defendant’s motion to amend its counterclaims to add a newly obtained patent is granted.
Continue Reading...On reconsideration, antitrust claims remain stayed and misuse claims are also bifurcated; certification request fails
Masimo Corporation v. Philips Electronics North America Corp., Civil Action No.09-80-MPT, April 19, 2010.
Thynge, M. J. Defendant’s motion for reconsideration of its order bifurcating antitrust claims and staying related discovery is denied. The order is amended to bifurcate patent misuse claims and stay related discovery. The court declines to grant a motion to certify a question of law.
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Anticipation and obviousness found in computerized speech recognition case
Nuance Communications Inc., et al. v. Tellme Networks Inc., Civ. No.06-105-SLR, April 20, 2010.
Robinson, J. Defendant’s motions for summary judgment of noninfringement is granted with respect to direct and contributory infringement and denied as to inducement of infringement. Its invalidity motion based on anticipation is granted as to claims 1, 2, and 4 is granted and denied as to other claims. Its invalidity motion based on obviousness of claims 3 and 5 is granted.
Continue Reading...Par prevails on obviousness defense; courts finds no inequitable conduct
Santarus Inc., et al. v. Par Pharmaceutical, Inc., C. A. No.07-551-GMS, April 14, 2010.
Sleet, C. J. The court enters judgment in favor of defendant after a bench trial on the issue of invalidity due to obviousness. The court further rules that the patents-in-suit are not unenforceable due to inequitable conduct, and that an award of attorneys fees is not warranted. It also finds the claims of the ‘772 patent are invalid for lack of written description, and other claims are not entitled to the filing date of earlier applications because do not meet the written description requirement.
Continue Reading...Antitrust claims survive dismissal motion
In Re: Metoprolol Succinate Direct Purchaser Antitrust Litigation, Civil Action No.06-52-GMS, April 13, 2010.
Sleet, C. J. Defendant’s motion to dismiss claims of antitrust violations and state law claims is denied.
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Discovery to support claims not yet alleged is deemed improper
Eurand, Inc., et al. v. Mylan Pharmaceuticals, Inc., et al., Civ. No.08-889-SLR-MPT, April 13, 2010.
Thynge, M. J. The Court grants defendant’s request for limited discovery only.
Continue Reading...Rulings on motions for summary judgment issue in windshield blade case
Robert Bosch, LLC v. Pylon Manufacturing Corp., Civ. No.08-542a-SLR, April 12, 2010(amended opinion).
Robinson, J. Plaintiffs’ motion for summary judgment of infringement of the '974 patent with respect to claims 1 and 8 is granted but denied as to claim 2; Plaintiff’s motion for summary judgment of noninfringement of defendant’s '380 patent is granted. Plaintiffs’ motion for summary judgment of no inequitable conduct and no invalidity with respect to the '905 and '434 patents is granted but is denied with respect to the '974 patent. Plaintiffs’ motion to strike certain expert testimony is denied as moot. Defendant’s motion for summary judgment of noninfringement of the '512 patent is granted but denied as to three other patents. Defendant’s invalidity motion is denied.
Continue Reading...Markman ruling issued on 29 disputed terms
Robert Bosch, LLC. v. Pylon Manufacturing Corp., Civ. No.08-542a-SLR, March 30, 2010.
Robinson, J. The Court construes 29 disputed terms.
Continue Reading...American consumer deemed real loser in Lanham Act dispute
Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, April 8, 2010.
Robinson, J. The Court finds both parties’ advertising to violate the Lanham Act and the DTPA.
Continue Reading...Product's claim to Havana heritage is neither false nor misleading
Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., Civ. No.06-505-SLR, April 6, 2010.
Robinson, J. Plaintiff’s claims against defendant for false advertising under the Lanham Act are denied.
Continue Reading...Defendants' request to reconsider enforceability judgment is denied
Cordis Corporation v. Boston Scientific Corporations, et al., Civ. No.98-197-SLR, March 31, 2010.
Robinson, J. Defendants' motion to withdraw or amend the enforceability judgment is denied.
Continue Reading...Court declines to grant preliminary injunction
Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, April 8, 2010.
Robinson, J. Plaintiff's motion for a preliminary injunction is denied.
Continue Reading...Advice of counsel defense to inequitable conduct results in a privilege waiver
Brigham and Women’s Hospital, Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., Civil Action No.08-464-SLR, March 31, 2010.
Bartle, C.J. Defendants’ motion for an order finding that plaintiffs have waived the attorney-client privilege is granted.
Continue Reading...Plaintiff wins on trademark claim; bad faith is left for trial
David John Carnivale v. Staub Design, LLC, John Staub, David Staub, Civ. No.08-764-SLR, March 31, 2010.
Robinson, J. The court grants-in-part and denies-in-part plaintiff's motion for summary judgment and denies defendants' cross motion for summary judgment.
Continue Reading...Stay is denied unless and until interlocutory appeal is accepted
St. Clair Intellectual Property Consultants, Inc. v. Samsung Electronics Co., Ltd., et al., Civil Action No.04-1436-JJF-LPS, March 28, 2010.
Stark, M. J. Defendants’ motion to stay expert discovery and trial until resolution of cross-appeals in related litigation is denied. Defendants’ motion to certify the claim construction order for interlocutory appeal is granted.
Continue Reading...Antitrust counterclaims withstand motion to dismiss
LG Electronics, Inc. v. Asko Appliances, Inc., et al., Civil Action No.08-828-JAP, March 29, 2010.
Pisano, J. Plaintiff’s motion to dismiss counts IV to IX of Daewoo’s counterclaims pursuant to Rule 12(b)(6) is denied.
Continue Reading...Stay is not warranted despite claim of financial hardship
Aerocrine AB and Aerocrine Inc. v. Apieron Inc., Civ. No.08-787-LPS, March 30, 2010.
Stark, M. J. Defendant’s motion to stay due to financial hardship is denied.
Continue Reading...Defendant is permitted to amend its answer to assert inequitable conduct
Aerocrine AB and Aerocrine Inc. v. Apieron Inc., Civ. No.08-787-LPS, March 30, 2010.
Stark, M. J. Defendant’s motion to amend its answer is granted; plaintiff’s motion for judgment on the pleadings alleging inequitable conduct is denied.
Continue Reading...Foreign inventors must testify in U.S. if under control of party or contractually obligated to provide testimony
Aerocrine AB and Aerocrine Inc. v. Apieron Inc., Civ. No.08-787-LPS, March 30, 2010.
Stark, M. J. Defendant’s motion to take depositions of foreign inventors in the U.S. is granted in part and denied in part. Defendant’s motion to compel plaintiff to produce two NIOX devices is granted in part but limited to one.
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