Patent claims held invalid due to nonstatutory double patenting

Boehringer Ingelheim Int’l GMBH, et al. v. Barr Laboratories, Inc., et al., No. 05-700-JJF, June 16, 2008.

Farnan, J.  After a bench trial, the Court issued findings of fact and conclusions of law.  The Court ruled that disputed claims were infringed, but that the claims at issue are invalid for nonstatutory double patenting.

Continue Reading...

Court denies cross-motions for summary judgment on claims for breach of settlement agreement

Court issues contempt order against defendant for failure to abide by injunction

Fisher-Price, Inc. v. Safety 1st, Inc., et al., C.A. No. 01-051 GMS (May 5, 2008).

Sleet, C.J.  Plaintiff’s motion for contempt of Court is granted in part; its post-trial motions for entry of final judgment, enhanced damages, attorneys fees and prejudgment interest are granted in part. Defendants’ motions for JMOL or a new trial as to willfulness and damages are denied

Continue Reading...

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.

Continue Reading...

Court denies defendants' motion to stay pending resolution of jurisdictional challenge

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

Farnan, J.  Court denies defendants’ motion to stay pending resolution of motion to dismiss for lack of personal jurisdiction since any efforts taken (including discovery) could be useful in declaratory judgment action pending in Northern District of California between same parties.

Continue Reading...

Plaintiffs win battle over jurisdiction in several related declaratory judgment patent actions

Boston Scientific Corporation, et al., v. Johnson & Johnson, et al., C.A. Nos. 07-333, 07-348, 07-409 and 07-765-SLR, January 24, 2008.

Robinson, J.  The Court denies several motions to dismiss for lack of subject matter jurisdiction and motions to transfer in related declaratory judgment patent actions.

Continue Reading...

Post-trial briefing is limited to trial record

TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, January 23, 2008.

Robinson, J.  Plaintiff’s motion to register judgment is denied.  Plaintiff’s motion to strike certain evidence referenced in post-trial briefing is granted.  Defendant’s motion to reopen the record on equitable issues is denied.

Continue Reading...

Reconsideration of summary judgment ruling is denied

Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, December 4, 2007.

Robinson, J.  Defendant’s motion for reconsideration of a summary judgment ruling is denied. Miscellaneous pre-trial rulings are made.

Continue Reading...

Court denies plaintiff's motion to reconsider

Cordance Corporation v. Amazon.Com, Inc., C.A. No. 06-491-MPT, January 22, 2008.

Thynge, J.  Court denies plaintiff’s motion to reconsider its prior ruling denying plaintiff’s motion to dismiss defendant’s counterclaim for declaratory judgment.

Continue Reading...

Partial grant of Rexam's motions for summary judgment based on invalidity and non-infringement of beverage can patents

Crown Packaging Technology, Inc. et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, January 22, 2008.

Thynge, J.   Defendant’s motion for partial summary judgment of infringement of two patents is granted in part and denied in part.

Continue Reading...

Motion for a preliminary injunction denied in infringement case

Summary judgment of infringement granted in beverage container case

Crown Packaging Technology, Inc. et al. v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, December 21, 2007.

Thynge, M. J.  Defendant’s motion for partial summary judgment of infringement of two patents is granted in part and denied in part.

Continue Reading...

Pfizer prevails in Lipitor battle

Pfizer Inc., et. al. v. Ranbaxy Laboratories, Limited et al., C.A. No. 07-138-JJF, November 29, 2007.

Farnan, J.   Plaintiffs’ motions to dismiss in part declaratory judgment counterclaims and to dismiss and for partial summary judgment on the pleadings are granted.


Continue Reading...

Actual controversy exists despite removal of accused references from website

Cordance Corporation v. Amazon.com.Inc., C.A. No. 06-491-MPT, November 20, 2007.

Thynge, M.J.  Motion to dismiss counterclaim of infringement on the basis of no actual controversy is denied.


Continue Reading...

Direct infringement dispositive motions are denied; noninfringement under the DOE is granted where no element analysis was provided

Commissariat A L’Energie Atomique v. Samsung Electronics Co., et al., C.A. No. 03-484-MPT, November 2, 2007.

Thynge, M.J.  Cross motions for summary judgment of infringement/noninfringement are denied as to literal infringement.  Defendant’s motion for summary judgment of noninfringement under the doctrine of equivalents is granted.


Continue Reading...

Defendant is enjoined from marketing its DHA products

Martek Biosciences Corporation v. Nutrinova Inc., et al., C.A. No. 03-896-GMS, October 30, 2007.

Sleet, C.J.  The court denies defendant’s motions for JMOL of noninfringement of one patent and invalidity of a second patent .  It granted in part JMOL of invalidity of a third patent.  It further grants plaintiff’s motion for JMOL of infringement of the first patent and for a permanent injunction.


Continue Reading...

KSR does not change existing law regarding presumption of validity

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, September 20, 2007.

Farnan, J.  The Court requested briefing on whether the statutory presumption of validity is weakened as a result of KSR v. Teleflex.  It concluded that KSR does not alter the statutory presumption of validity.


Continue Reading...

Unfair competition claim is defeated in summary adjudication; other motions are denied

TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, August 23, 2007.

Robinson, J.  Defendant’s motion for summary judgment of non-infringement is denied. Defendant’s motion for summary judgment of invalidity due to indefiniteness is denied.  Plaintiff’s motion to dismiss five “standards-based” counterclaims is denied.  Defendant can not present its fraud theory at trial because it cannot prove damages.  Plaintiff’s motion for summary judgment relating to unfair competition is granted in part but denied as to fraud, equitable estoppel, implied license and promissory estoppel.

Continue Reading...

Special Discovery Master's discovery rulings were overturned

LG. Philips LCD Co., Ltd., v. Tatung Co., et al., No. 04-343-JJF, July 13, 2007.

Farnan, J.  Exceptions to discovery rulings relating to willfulness and advice of counsel defenses were sustained.

Continue Reading...

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.

 

Continue Reading...

Reconsideration of a permanent injunction was denied but damages will increase.

IMX, Inc. v. Lendingtree, LLC, No. 03-1067-SLR, Apr. 25, 2007.

Robinson, C.J. Motion for reconsideration of the denial of a permanent injunction based on newly identified evidence was granted in part.

Continue Reading...

Defendant's summary judgment motions were denied; unfair business practices claims were bifurcated.

Affymetrix, Inc. v. Illumina, Inc., No. 04-901 JJF, Mar. 30, 2007.

Farnan, J. Plaintiff’s motion for summary judgment regarding claims of intentional interference with economic advantage and unfair business practices was denied.  Defendant’s motions for summary judgment of invalidity and inequitable conduct were denied.  Claims of unfair business practices were bifurcated from the infringement trial.

Continue Reading...

Summary judgment of non-infringement in stent case was granted.

Boston Scientific Scimed, Inc. et al. v. Cordis Corp. et al., Nos. 03-283-SLR, 03-1138-SLR, Apr. 4, 2007.

Robinson, C.J. Cordis’ renewed motion for summary judgment of non-infringement was granted. Plaintiffs’ motion to exclude evidence of testing by Cordis’ expert Dr. Sabatini and related testimony was denied. Plaintiff’s motion for summary judgment of validity due to no anticipation was granted.

Continue Reading...

JMOL and new trial were denied in stent case

Permanent injunction was denied after infringement verdict

Praxair, Inc. et al. v. ATMI, Inc. et al., No. 03-1158-SLR, Mar. 27, 2007.

Robinson, J.  A motion for permanent injunction following infringement verdict was denied with leave to renew following appellate review of the jury verdict.

Continue Reading...

Verdict of DOE infringement withstands reconsideration motion

Defense tactics result in denial of JMOL and new trial motions

Expert's testimony about non-infringement expert's opinion was precluded

Summary judgment of non-infringement was denied

Summary judgment of infringement was granted in part

Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Feb. 1, 2007.

Thynge, J.  Motion for summary judgment of infringement of certain claims was denied as moot and of inducement of infringement were denied as moot.  Motion for summary judgment of infringement regarding use under 35 U.S.C. § 271(a) was granted in part.


Continue Reading...

Civil conspiracy to commit patent infringement and evade discovery is not actionable

Digene Corporation v. Ventana Medical Systems, Inc., et al., No. 01-752-MPT, Mar. 6, 2007.

Thynge, J.  A motion to dismiss a count of civil conspiracy to commit patent infringement and evade discovery obligations was granted.


Continue Reading...

JMOL and new trial were denied as the court awarded enhanced damages

IMX, Inc. v. LendingTree, LLC, No. 03-1067-SLR, Jan. 10, 2007.

Robinson, J.  Defendant’s motion for JMOL and new trial was denied.  Plaintiff’s motion for enhanced damages was granted.  Plaintiff’s motion for a permanent injunction was denied with leave to supplement briefing.

Continue Reading...

Reconsideration denied where Plaintiff injected new arguments

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 20, 2006.

Jordan, J.  Motion for reargument and reconsideration of previous ruling of non-infringement is denied.

 

Continue Reading...

No infringement in camera patent dispute

Over $2.5 in fees and expenses awarded to Patentee in exceptional case

Philips Electronics North America Corp. et al. v. Compo Micro Tech, Inc., et al., No. 02-123-KAJ, Oct. 23, 2006.

Jordan, J.  The Court awarded $2,448,750 in attorneys fees and $285,690.44 in expenses. $2,515,514.90 in fees and $747,141.93 had been requested.

Continue Reading...

Summary judgment of non-infringement granted

LP Matthews, L.L.C. v. Bath & Body Works, Inc. et al., No. 04-1507-SLR, Oct. 19, 2006.

Robinson, J.  Plaintiff’s summary judgment motion based on infringement is denied.  Defendants’ non-infringement motions are granted.

Continue Reading...

Motions for summary judgment of non-infringement granted in part and denied in part

SRI International Inc. v. Internet Security Systems, Inc. et al., No. 04-1199-SLR, Oct. 17, 2006.

Robinson, J.  Symantec’s motions for non-infringement are granted in part and denied in part; Internet Securities Systems’ motion is denied.

Continue Reading...

Pretrial rulings favor patentee after court adopts broader claim constructions

Pharmacia & Upjohn Co. v. Sicor Inc. et al., No. 04-833-KAJ, Aug. 17. 2006.


Jordan, J.  The Court construed claims regarding patent disclosing a “sterile, pyrogen-free, ready-to-use solution of anthracycline glycoside” used for treating tumors.  Defendants’ motions for summary judgment of non-infringement and invalidity for lack of written description were denied.  The Court granted plaintiff’s motion regarding defendants’ anticipation defense, and denied defendants’ motion on anticipation.  Plaintiff’s motion regarding defendants’ unclean hands defense was denied.

Continue Reading...

Novozymes' patent was found to be enforceable and infringed

Novozymes A/S v. Genencor International, Inc. et al., No 05-160-KAJ, Aug. 24, 2006.

Jordan, J.  Defendants were found to infringe an enforceable patent relating to alpha-amylase enzymes after bench trial.  A bench trial on willfulness and damages will follow.  The 64-page opinion also addresses claim construction.

Continue Reading...

Jury verdict against ATMI stands and court denies JMOL and new trial application

Praxair, Inc. et al. v. ATMI, Inc. et al., No. 03-1158-SLR, Aug. 17, 2006

Robinson, J.  Motion for judgment as a matter of law, or alternatively for a new trial, is denied. Defendant’s argument that no reasonable jury could have found that defendant’s products infringe was rejected.  Expert’s unrebutted yet conclusory testimony failed to persuade the jury and does not meet the necessary clear and convincing standard.  New trial unwarranted since excluded evidence resulted from trial by ambush tactics.

 

Continue Reading...

Plaintiff's DOE claims barred by prosecution history estoppel

Honeywell International, Inc. et al. v. Hamilton Sundstrand Corp., No. 99-309 (GMS), Aug. 14, 2006.

Sleet, J.  After en banc remand, and two day bench trial the court holds that prosecution history estoppel bars plaintiff from asserting the doctrine of equivalents.

Continue Reading...

ANDA filing held not to support claim of willful infringement

Boehringer Ingelheim Int’l GMBH et al, v. Barr Laboratories, Inc. et al., No. 05-700-KAJ, July 6, 2006.

Jordan, J.  Defendants’ motion for reconsideration of prior ruling denying motion to strike willfulness allegations is granted and exceptional case discovery is stayed.

Continue Reading...

Narrow claims construction results in summary judgment of noninfringement

Ciba Specialty Chemicals Corp. v. Hercules Inc., et al., No. 04-293-KAJ, June 20, 2006.

Jordan, J.  The court narrowly construes “cross-linking agent” and “microbead” based upon statements made during prosecution.  Request for construction of other claims is denied without prejudice.  Defendant’s motion for summary judgment of non-infringement due to the absence of a “cross-linking agent” and “microbead” in the accused product. is granted.  Plaintiff’s motion for summary judgment of infringement under the doctrine of equivalents is denied.


Continue Reading...

New Lanham Act claims added on eve of expert discovery claims permitted

Affinion Net Patents, Inc. v. Maritz, Inc., No. 04-360-JJF, June 8, 2006.

Farnan, J.  Plaintiff’s motion to amend complaint to assert Lanham claims and to dismiss counterclaims based on testimony that accused product was never implemented was granted.

Continue Reading...