Claim construction is not appropriate in connection with motion to dismiss

Internet Media Corporation v. Hearst Newspapers, LLC, Civ. No. 10-690-SLR, June 28, 2011.

Robinson, J.  Motion to dismiss for failure to state a claim is denied.

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Mylan's proposed ANDA product does not infringe

AstraZeneca LP, et al. v. Mylan Pharmaceuticals Inc., C. A. No. 08-453-GMS, June 23, 2011.

Sleet, C. J.  Post-trial findings of fact and law of non-infringement of proposed ANDA product

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Transfer of Intellectual Ventures case is denied

Intellectual Ventures I LLC v. Checkpoint Software Technologies LTD., et al., Civ. No. 10-1067-LPS, June 22, 2011.

Stark, J.  Motion to transfer is denied.

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Limited discovery ordered on motions to dismiss and transfer

Gian Biologics, LLC v. Biomet Inc. and Biomet Biologics, LLC, Civil Action No. 10-865-LPS, June 21, 2011.

Stark, J.  Stay was entered pending completion of discovery on personal jurisdiction and venue issues.

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Reconsideration of dismissal of false marking cases is denied

Brinkmeier v. Bic Corporation et al., Civ. No. 09-860-SLR; Brinkmeier v. Bayer Healthcare LLC, Civ. No. 10-01-SLR, June 15, 2011.

Robinson, J.  Plaintiff’s motion to reconsider dismissal of false marking claims is denied.

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ANDA litigation is transferred to New York where related action is pending

Medicis Pharmaceutical Corporation v. Nycomed US Inc., C. A. No. 10-1099-SLR, June 16, 2011.

Robinson, J.  Motion to transfer ANDA litigation to New York is granted.

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Regional company's motion to transfer is denied

Marvel International LTD. v. Link_A_Media Devices Corp., Civ. No. 10-869-SLR, June 8, 2011.

Robinson, J.  Motion to transfer patent litigation to the U.S. District Court for the Northern District of California is denied notwithstanding the fact that defendant is a regional enterprise with a principal place of business in California.

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Transfer is denied in case involving some Western European defendants

Everglades Interactive, LLC v. Playdom, Inc., et al., Civ. No. 10-902-SLR, June 8, 2011.

Robinson, J.  The defendants’ motion to transfer to the U.S. District Court for the Northern District of California is denied even though some of the defendants involved in the litigation are foreign corporations.

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Forum selection clause does not control venue of patent litigation

XPRT Ventures, LLC v. eBay Inc., Paypal, Inc., et al., Civ. No. 10-595-SLR, June 8, 2011.

Robinson, J.  Motion to transfer patent litigation to the U.S. District Court for the Northern District of California is denied notwithstanding forum selection clause in confidentiality agreement.

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Jury's finding under doctrine of equivalents reversed

Energy Transportation Group, Inc. v. Sonic Innovations, Inc., et al., C.A. No. 05-422-GMS, June 7, 2011.

Sleet, C. J.  Defendants’ motion for judgment as a matter of law of noninfringement and invalidity and for a new trial granted in part and denied in part.  The jury’s finding of infringement under the doctrine of equivalents was reversed as to two claims of one of the patents-in-suit due to prosecution history estoppel.  The jury’s finding of validity and infringement as to the other patent-in-suit was preserved.  The defendants’ request for a new trial on the issues of infringement and invalidity was denied.  Plaintiff’s motion for pre-judgment and post-judgment interest was granted.  All other post-trial motions were denied.

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Withdrawal of recusal motion is granted with prejudice

St. Clair Intellectual Property Consultants Inc. v. Matsushita Electronic Industrial Co., LTD., et al., C. A. No. 04-1436-LPS, June 1, 2011 and St. Clair Intellectual Property Consultants Inc. v. Palm Inc., et al., C.A. No. 06-404-LPS, June 1, 2011.

Stark, J.  The parties requested withdrawal of a motion for recusal because the Federal Circuit’s claim construction substantially altered the posture of the cases over which Judge Stark presided during his tenure as magistrate.  The request was accepted, and the motion for recusal denied with prejudice.

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Software patents are invalidated under Bilski

Accenture Global Services, GmbH and Accenture, LLP v. Guidewire Software, Inc., Civ. No. 07-826-SLR, May 31, 2011.

Robinson, J.  Patents are held invalid as directed to abstract ideas; motion for clarification, reargument, and/or certification is granted as to clarification and denied in all other respects; and motion to strike portions of reply brief is denied as moot.

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Efforts to stay pending reexam and to dismiss and strike fail

Nokia Corporation v. Apple Inc., C. A. No. 09-791-GMS, June 1, 2011.

Sleet, C.J.  Plaintiff’s motion to stay defendant’s patent claims pending reexamination before the USPTO is denied; defendant’s motion to dismiss plaintiff’s requests for declaratory judgment that it met its FRAND licensing obligations is not barred by the doctrine of judicial estoppel; and denied defendant’s motion to strike plaintiff’s defense alleging anticompetitive conduct.

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