Jurisdictional discovery is allowed following jurisdiction and venue challenges

Belden Technologies, Inc. v. LS Corporation, et al., Civ. No. 08-823-SLR, June 17, 2009.

Robinson J.  Defendants' motion to dismiss for insufficiency of service of process is denied.  The Court denies without prejudice defendants' motions to dismiss for lack of personal jurisdiction and improper venue in order to allow jurisdictional discovery.

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State court stays license dispute having tired of posturing for MDL advantage

Rembrandt Technologies, L.P. v. Harris Corporation ,Del. Super., C.A. No. 07C-09-059-JRS, May 22 , 2009.

Slights J.  Defendant’s Motion to Stay is granted pending the entry of a final order on the Markman ruling in the multi-district federal patent litigation.

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Jury award is reduced from $52.3 to $44.9 to comport with the evidence

Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc., Civ. No. 07-190-SLR, May 15 , 2009.

Robinson J.  Defendant’s motion for judgment as a matter of law or for a new trial and remittitur is granted in part and denied in part.  Plaintiff’s motion for prejudgment interest is granted.

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Post-verdict shipments lead to punitive damages and exceptional case finding

Trueposition Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, April 30, 2009.

Robinson, J.  Plaintiff’s motion for an accounting and entry of final judgment is granted. Plaintiff’s 60(b) motion for relief is granted. Defendant is required to remit additional infringement damages, pre- and post-judgment interest and punitive damages and fees and costs associated with these motions.

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Validity and infringement motions are largely successful after Markman ruling

IGT v. Bally Gaming International, Inc, et al., Civ. No. 06-282-SLR, April 28, 2009.

Robinson, J.  Plaintiff's motion for summary judgment of infringement is granted in part and denied in part; defendants' motion for summary judgment of noninfringement is also granted in part and denied in part.  Plaintiff’s motion for summary judgment of validity is granted.  Defendants' motions for summary judgment of invalidity are denied.  Plaintiff’s motion that defendants have no valid license defense is granted in part and denied in part as moot. Defendants' motion that it has a valid license defense is denied as moot.

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Plaintiff has standing to bring infringement action

St. Clair Intellectual Property Consultants, Inc. v. Palm, Inc., et al., Civil Action No. 06-404-JJF-LPS, May 4 , 2009.

Stark, M. J.  Magistrate recommends that the Motions for Jurisdictional Discovery and Hearing and to Dismiss for Lack of Subject Matter be denied and The Motion for Leave to File a Surreply is granted.

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Patent-in-suit found to be both invalid and not infringed

Alza Corporation and McNeil-PPC, Inc. v. Andrx Pharmaceuticals, LLC, et al., Civil Action No. 05-642-JJF, March 30, 2009.

Farnan J.  Defendants' declaratory judgment counterclaims pertaining to one of the patents are dismissed without prejudice.  Plaintiffs’ Motion To Strike Portions of Defendants' Post-Trial Findings of Fact is granted and Defendants' Contingent Cross Motion to Strike Portions of Plaintiffs' Post-Trial Findings Of Fact and Conclusions of Law is denied.  In addition the Court finds the remaining patent-in-suit to be both invalid and not infringed.

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Jury verdict for willful infringement is upheld without enhanced damages

Telcordia Technologies, Inc. v. Cisco Systems, Inc., C.A. No. 04-876-GMS, January 6, 2009.

Sleet, C.J.  Defendant’s JMOL motion and motion for a new trial on willful infringement are denied; plaintiff’s motion for a permanent injunction is denied.  Parties are ordered to meet and confer on royalty rate going forward; plaintiff’s request for prejudgment interest and an accounting is granted but request for enhanced damages and attorney fees and expenses is denied.

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Markman decision issues on 6 disputed terms in albuterol patents

Sepracor, Inc. v. Dey, L.P. and Dey, Inc., Civ. No. 06-113-JJF (Consolidated), December 18, 2008.

Farnan, J.  The Court issues a claim construction ruling on 6 disputed terms following a Markman Hearing.

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Court orders retrial on willfulness in light of Seagate

Power Integrations, Inc. v. Fairchild Semiconductor International,Inc. et al., Civ. No. 04-1371-JJF, December 12, 2008.

Farnan, J.  Defendant's motion for a new trial on all issues in light of Seagate is granted to the extent it seeks a new trial on willfulness and denied to the extent it seeks a new trial on all issues.

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Summary judgment is granted as to infringement and noninfringement

Solvay, S.A. v. Honeywell Specialty Materials LLC, et al, Civ. No. 06-557-SLR, December 9, 2008.

Robinson, J.  Plaintiff’s motion for summary judgment for infringement is granted; defendant’s motion for non-infringement of the patent-in-suit is granted in part and denied in part.

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Preliminary injunction is denied where harm is not clearly tied to Defendants' conduct

Girafa.com, Inc. v. Amazon.com, Inc., et al, Civ. No. 07-787-SLR, December 9, 2008 (Mem. Order).

Robinson, J.  Plaintiff’s motion for a preliminary injunction is denied.

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JMOL on close question is denied

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, November 7, 2008.

Farnan, J.  Defendants’ motion for JMOL of noninfringement and invalidity is denied.

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Willful infringement claim falls on summary judgment

Honeywell International, Inc., et al. v. Universal Avionics Systems Corp., et al., C.A. No. 02-359-MPT, November 12, 2008.

Thynge, M.J. Defendant’s motion for summary judgment regarding no willful infringement is granted.

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Court declines to stay permanent injunction pending appeal

Becton Dickinson and Company v. Tyco Healthcare Group LP, C.A. No. 02-1694a-GMS, October 29, 2008.

Sleet, C.J.  Plaintiff’s post-trial motions for an award for damages and prejudgment interest is granted.  Plaintiff’s motion for a permanent injunction is granted in part and denied in part.

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Court finds substantial evidence supports jury's verdict of infringement

Becton Dickinson and Company v. Tyco Healthcare Group LP, No. 02-1694-GMS, October 14, 2008.

Sleet, C.J.  The Court denies defendant’s motion for judgment as a matter of law having ruled that substantial evidence was presented to support the jury’s infringement verdict.

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Preliminary injunction request is denied

Wellman, Inc. v. Eastman Chemical Company, C.A. No. 07-585-SLR, October 3, 2008.

Robinson, J.  Court finds that plaintiff failed to meet its burden of proving likelihood of success on the merits of irreparable harm and denies motion for preliminary injunction.

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Court largely rejects patentee's proposed claim constructions

Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc., et al., C.A. No. 06-259-MPT, September 19, 2008.

Thynge, M.J. The Court issues a claim construction ruling following Markman Hearing.

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Motions for new trial and JMOL on damages denied after remand.

Cordis Corp. v. Medtronic Vascular, Inc., et al., C.A. No. 97-550-SLR (Consolidated); Boston Scientific Corporation, et al. v. Ethicon, Inc., et al. C.A. No. 98-19-SLR, September 15, 2008.

Robinson, J.  Following decade-long litigation, the Court grants Cordis’ motion for entry of final judgment and denies BSC’s motion for new trial and Medtronic’s motion for JMOL on lost profit damages.

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Reconsideration granted; Magistrate recommends finding of standing.

McKesson Automation, Inc. v. Swisslog Holding AG, et al., C.A. No. 06-28-SLR-LPS, August 29, 2008.

Stark, M.J. Following submission of additional documentation, the Court grants plaintiff’s motion to reconsider its earlier recommendation of dismissal for lack of standing.  Motions by both sides to amend pleadings are granted.  Defendants’ motion to dismiss willfulness claim in light of Seagate is denied.

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Galanthamine patent is held invalid for lack of enablement.

In Re: ‘318 Patent Infringement Litigation, C.A. No. 05-356-SLR, August 27, 2008.

Robinson, J. Following a bench trial and post-trial briefing, the Court finds the patent-in-suit is invalid for lack of enablement.

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Foreign discovery under the Hague Convention is denied.

Purdue Pharma Products L.P., et al. v. Par Pharmaceuticals, Inc., et al., C.A. No. 07-255-JJF, August 26, 2008.

Farnan, J.  Court grants non-party’s motion to quash and denies defendants’ application requesting issuance of a letter of request for documents and deposition testimony in Germany under the Hague Convention.

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Renewed invalidity motion is denied due to material issues of fact

SRI International Inc. v. Internet Security Systems, Inc., et al., C.A. No. 04-1199-SLR, August 21, 2008.

Robinson, J. Defendants’ renewed motion for summary judgment that three of the four patents in suit are invalid is denied.

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Case is transferred to Arizona due to a hardship

L’Athene, Inc. v. Earthspring LLC et al., Civ. No. 08-114-SLR, August 7, 2008

Robinson, J.  Motion to dismiss is denied; motion to transfer is granted where litigation in Delaware would cause undue hardship to defendant given the small size of its company.

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Declaratory judgment action is dismissed due to no controversy alleged

Post-trial evidentiary objections are overruled

Damages remitted and enhanced 25% for willfulness; JMOL defenses waived

TruePosition Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, July 31, 2008.

Robinson, J.  Defendant’s motion for JMOL or a new trial is denied.  Damages awarded by jury of $45.3 million are remitted to $18.6 million.  Plaintiff’s motion for enhanced damages due to willful infringement is granted in part.  Damages are enhanced by 25% to $23,250,000.  Plaintiff’s motion for attorneys’ fees is denied.  Plaintiff’s motion for a permanent injunction is granted.  Prejudgment interest on $18.6 million is awarded, compounded quarterly at the prime rate.  Post-judgment interest on $18.6 million from 9/19/07 (the date of judgment) is awarded at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding.

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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.

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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





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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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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.


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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.


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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.


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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.


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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.


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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.

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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.

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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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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.

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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.

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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.

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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.

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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.


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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.


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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.

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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.

 

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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.

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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.

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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.

 

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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.

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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.

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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.


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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.

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New trial and JMOL on infringement and invalidity were denied

Boston Scientific Scimed, Inc. et al. v. Cordis Corp. et al., No. 03-283-SLR, June 15, 2006.

Robinson, J.  Defendants’ motion for JMOL or new trial on infringement and invalidity is denied. Defendants’ motion to strike portions of plaintiffs’ reply brief is granted in part and denied in part.  New arguments are stricken.

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JMOL and new trial motions denied after verdict of infringement and nonobviousness following remand

Cordis Corporation v. Boston Scientific Corp. et al., Cons. C.A. 97-550-SLR, May 16, 2006 (corrected).

Robinson, J.  Medtronic’s motion for new trial on Cordis’ patent infringement claims and Medtronic’s invalidity counter-claims, and Medtronic’s motion for JMOL on infringement are denied.

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Jury verdicts against both parties stand as JMOL is refused

Cordis Corporation v. Boston Scientific Corp., et al., No. 03-027-SLR, May 11, 2006.

Robinson, J.  Juries found for plaintiff against defendants in separate trials.  Defendants’ motions for JMOL are denied.  Plaintiff’s motion for JMOL or new trial on infringement and invalidity of ‘021 patent is denied.  BSC’s motion for reconsideration of the “without prejudice” aspect of order dismissing claims against one product is denied.

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Defendants avoid trial after prevailing on non-infringement and non-enablement motions

Monsanto Company et al. v. Syngenta Seeds, Inc., et al., C.A. 04-305-SLR, May 10, 2006.

Robinson, J.  Defendants’ motions for summary judgment of non-infringement of two patents-in-suit, and non-enablement of the third patent were granted.  Other motions denied as moot.

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Pretrial limitations on deposition testimony ordered

Court rules on issues argued at pretrial conference

Insufficient means plus function evidence results in partial summary judgment of non-infringement

McKesson Information Solutions, LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 5, 2006.

Robinson, J.  Plaintiff’s motion for summary judgment of infringement is denied due to genuine issues of material fact.  Defendant’s motion is granted in part where plaintiff’s experts have not performed a structure to structure comparison as required in a means plus function infringement analysis.  It is otherwise denied.

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Constructive knowledge is sufficient to prove contributory infringement

Court finds two patents invalid, and the third patent not infringed

Microstrategy Incorporated v. Business Objects Americas, No. 03-1124-KAJ, Jan. 23, 2006.

Jordan, J.  Court provided claim construction.  Also summary judgment motion regarding noninfringement was granted; motion regarding infringement was denied.  Motion as to invalidity of 2 of 3 patents was granted; motion regarding invalidity of third patent was denied.  Also denied as moot were defendant’s motions regarding noninfringement of the two invalid patents.

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Universal remote controls found to infringe

Philips Electronics N. Am. Corp. et al. v. Contec Corp. et al., No. 02-123-KAJ, Jan. 9, 2006.

Jordan, J.  Motion for summary judgment on liability of indirect infringement was granted; motion for summary judgment of inducement of infringement was denied as moot.  A direct infringement claim was dismissed at the consent of the patentee.  Defendants’ motion for summary judgment of noninfringement and failure to provide damages, as well as Plaintiff’s motion for fees and costs, were denied. Continue Reading...