Invalidity : Delaware Patent Litigation Report

Validity and infringement motions are largely successful after Markman ruling

Posted on May 8, 2009 by Amy A. Quinlan

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.

Tags: Claim Construction, Infringement, Invalidity, License Defense, Summary Judgment

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

Posted on April 7, 2009 by Amy A. Quinlan

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.

Tags: Declaratory Judgment, Infringement, Invalidity, Motion to Strike/Preclude

Jury verdict for willful infringement is upheld without enhanced damages

Posted on January 7, 2009 by Amy A. Quinlan

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.

Tags: Attorneys' Fees/Costs/Interest, Enhanced Damages, Equitable Defenses and Remedies, Exceptional Case/Willfulness, Infringement, Invalidity, Inventor Issues, JMOL/New Trial, Jury Issues/Instructions

Court orders retrial on willfulness in light of Seagate

Posted on December 16, 2008 by Amy A. Quinlan

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.

Tags: Bifurcation/Phasing/Consolidation, Exceptional Case/Willfulness, Infringement, Invalidity, JMOL/New Trial, Jury Issues/Instructions

Defendants deemed first inventor of contested subject matter

Posted on December 15, 2008 by Amy A. Quinlan

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

Robinson, J. Defendants’ motion for summary judgment of invalidity is granted. Plaintiff’s motion for summary judgment of no invalidity is denied.

Tags: Invalidity, Inventor Issues, Summary Judgment

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

Posted on December 11, 2008 by Amy A. Quinlan

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.

Tags: Claim Construction, Equitable Defenses and Remedies, Infringement, Invalidity

Magistrate recommends denial of PI

Posted on December 1, 2008 by Amy A. Quinlan

Power Integrations, Inc. v. BCD Semiconductor Corporation, et al., Civ. No. 07-633-JJF-LPS, REDACTED PUBLIC VERSION, November 19, 2008.

Stark, M. J. Magistrate recommends denial of Plaintiff’s Motion for a Preliminary Injunction.

Tags: Invalidity, Preliminary Injunction

Court construes claims but declines to rule on indefiniteness

Posted on November 20, 2008 by Amy A. Quinlan

Parker-Hannifin Corporation v. Zippertubing (Japan), LTD., C.A. No. 06-751-MPT, November 18, 2008.

Thynge, M.J. The Court issued claim construction rulings for nine terms from three patents.

Tags: Claim Construction, Indefiniteness, Invalidity

Stay of injunction pending appeal is denied

Posted on November 17, 2008 by Amy A. Quinlan

Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, November 10, 2008.

Robinson, J. Defendant’s post-trial motion for JMOL or a new trial following jury verdict on validity is denied. Plaintiff’s motion for a permanent injunction is granted by separate order and stay of that order pending appeal is denied.

Tags: Invalidity, JMOL/New Trial, Stay

$34 million verdict survives post trial challenge

Posted on November 14, 2008 by Amy A. Quinlan

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

Farnan, J. Defendants’ motion for judgment as a matter of law or for a new trial regarding invalidity of the patent-in-suit is denied.

Tags: Invalidity, JMOL/New Trial

JMOL on close question is denied

Posted on November 14, 2008 by Amy A. Quinlan

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.

Tags: Equitable Defenses and Remedies, Infringement, Invalidity, JMOL/New Trial, Obviousness

Covenant not to sue results in partial dismissal of action

Posted on October 7, 2008 by Amy A. Quinlan

Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc., et al., C.A. No. 06-259-MPT, September 19, 2008, amended September 26, 2008.

Thynge, M.J. Ariad’s motion to dismiss declaratory judgment action for invalidity is granted. Motion to dismiss unenforceability defenses is denied. Ariad’s motion for partial summary judgment on inequitable conduct is granted in part and denied in part.

Tags: Dismissal, Equitable Defenses and Remedies, Invalidity, Jurisdiction/Venue/Standing

Court largely rejects patentee's proposed claim constructions

Posted on September 29, 2008 by Amy A. Quinlan

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.

Tags: Claim Construction, Infringement, Invalidity

Galanthamine patent is held invalid for lack of enablement.

Posted on September 8, 2008 by Amy A. Quinlan

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.

Tags: Infringement, Invalidity

Renewed invalidity motion is denied due to material issues of fact

Posted on September 8, 2008 by Amy A. Quinlan

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.

Tags: Infringement, Invalidity, Summary Judgment

Declaratory judgment action is dismissed due to no controversy alleged

Posted on August 11, 2008 by Amy A. Quinlan

Innovative Therapies, Inc., v. Kinetic Concepts, Inc., et al., CA No. 07-589-SLR-LPS, July 14, 2008.

Stark, M. J. Plaintiff’s motion to dismiss for lack of subject matter jurisdiction is granted.

Tags: Antitrust, Dismissal, Infringement, Invalidity, Jurisdiction/Venue/Standing, Lanham Act

Claims are construed in communications patent

Posted on July 21, 2008 by Amy A. Quinlan

CIF Licensing, LLC, d/b/a/ GE Licensing v. Agere Systems, Inc. C.A. No. 07-170-JJF, July 10, 2008.

Farnan, J. The court construes a total of 14 claim terms from two patents

Tags: Claim Construction, Invalidity

Patent claims held invalid due to nonstatutory double patenting

Posted on June 26, 2008 by Amy A. Quinlan

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.

Tags: Infringement, Invalidity, Inventor Issues

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

Posted on June 23, 2008 by Amy A. Quinlan

Linear Technology Corporation v. Monolithic Power Systems, Inc., C.A. No. 06-476 (GMS), May 23, 2008.

Sleet, C.J. Prior settlement agreement precludes invalidity argument for different product.

Tags: Infringement, Invalidity, Summary Judgment

No infringement, invalidity or inequitable conduct found after bench trial

Posted on April 7, 2008 by Amy A. Quinlan

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.

Tags: Claim Construction, Equitable Defenses and Remedies, Infringement, Invalidity

Motion to amend and to supplement an inequitable conduct counterclaim is granted over futility argument

Posted on February 7, 2008 by Amy A. Quinlan

Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc. et al., C.A. No. 06-259-MPT, January 31, 2008.

Thynge, M.J. The Court grants plaintiffs’ motion to amend and supplement their counterclaim for inequitable conduct.

Tags: Amendment of Pleadings, Equitable Defenses and Remedies, Invalidity

Reconsideration of summary judgment ruling is denied

Posted on January 29, 2008 by Amy A. Quinlan

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.

Tags: Dismissal, In Limine, Infringement, Invalidity, Jurisdiction/Venue/Standing, Reconsideration/Reargument, Summary Judgment

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

Posted on January 29, 2008 by Amy A. Quinlan

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.

Tags: Infringement, Invalidity, Summary Judgment

Pfizer prevails in Lipitor battle

Posted on December 20, 2007 by Amy A. Quinlan

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.

Tags: Dismissal, Infringement, Invalidity, Jurisdiction/Venue/Standing, Real Party in Interest/Standing/Agency

Patentee prevails on anticipation and breach of contract claims

Posted on December 20, 2007 by Amy A. Quinlan

Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.

Robinson, J. Plaintiff’s motions for summary judgment of breach of contract and no anticipation are granted. Defendant’s motion for summary judgment of no breach of contract, invalidity, and incorporation by reference are denied.

Tags: Invalidity, Reexamination/Reissue/Interference, Summary Judgment

Summary judgment of invalidity denied in LCD case

Posted on December 5, 2007 by Amy A. Quinlan

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

Thynge, M.J. Defendant’s motion for summary judgment of invalidity based upon anticipation is denied.

Tags: Invalidity, Summary Judgment

Two claims are found to be anticipated by art considered by the examiner

Posted on December 5, 2007 by Amy A. Quinlan

Commissariat A L’Energie Atomique v. Samsung Electronics Co., et al., C.A. No. 03-484-MPT, October 31, 2007.

Thynge, M.J. Defendant’s motion for summary judgment that three claims of the patent-in-suit are anticipated is granted as to two claims and denied as to the third.

Tags: Invalidity, Summary Judgment

Failure to disclose the best mode defense prevails in LCD case

Posted on December 5, 2007 by Amy A. Quinlan

Commissariat A L’Energie Atomique v. Samsung Electronics Co., et al., C.A. No. 03-484-MPT, October 31, 2007.

Thynge, M.J. Defendant’s motion for summary judgment for failure to disclose the best mode is granted.

Tags: Invalidity, Summary Judgment

Defendant is enjoined from marketing its DHA products

Posted on December 5, 2007 by Amy A. Quinlan

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.

Tags: Daubert/Experts, Equitable Defenses and Remedies, Estoppel, Exceptional Case/Willfulness, Infringement, Invalidity, JMOL/New Trial, Waiver

Summary judgment is denied where expert testimony conflicts

Posted on October 16, 2007 by Amy A. Quinlan

Crown Packaging Technology, Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, October 5, 2007.

Thynge, M.J. Plaintiff’s motion for summary judgment to dismiss counterclaims of invalidity and non-infringement is denied.

Tags: Invalidity, Summary Judgment

KSR does not change existing law regarding presumption of validity

Posted on October 16, 2007 by Amy A. Quinlan

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.

Tags: Infringement, Invalidity, Jury Issues/Instructions

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

Posted on September 7, 2007 by Amy A. Quinlan

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.

Tags: Equitable Defenses and Remedies, Estoppel, Infringement, Invalidity, State Law Claims, Summary Judgment

Dueling attempts to preliminarily enjoin and to dismiss complaint both fail

Posted on August 15, 2007 by Amy A. Quinlan

Sun Optics, Inc. v. FGX International, Inc., C.A. No. 07-137- SLR, August 2, 2007.

Robinson, J. Plaintiff’s motion for a preliminary injunction and defendant’s motion to dismiss are denied.

Tags: Dismissal, Equitable Defenses and Remedies, Invalidity

Patent ruled not enabled on remand

Posted on August 9, 2007 by Amy A. Quinlan

Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc., C.A. No. 02-581-JJF, July 19, 2007.

Farnan, J. On remand from the Federal Circuit to determine whether this patent-in-suit was enabled by prior art, the Court found that the patent was not enabled and therefore does not invalidate the patent on the grounds of anticipation.

Tags: Invalidity

Patents invalidated due to inequitable conduct due to nondisclosure

Posted on June 18, 2007 by Amy A. Quinlan

Praxair, Inc. et al., v. ATMI, Inc. et al., No. 03-1158-SLR, June 13, 2007.

Robinson, C.J. After a bench trial on inequitable conduct held on December 12, 2005, the Court concluded the prior art withheld was not cumulative and that the individuals accused of inequitable conduct were aware of that art. Intent to deceive was based on the high materiality of the art.

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Tags: Equitable Defenses and Remedies, Invalidity

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

Posted on May 4, 2007 by Amy A. Quinlan

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.

Tags: Claim Construction, Daubert/Experts, Infringement, Invalidity, Summary Judgment

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

Posted on April 23, 2007 by Amy A. Quinlan

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.

Tags: Antitrust, Bifurcation/Phasing/Consolidation, Equitable Defenses and Remedies, Infringement, Invalidity, Summary Judgment

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

Posted on April 23, 2007 by Amy A. Quinlan

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.

Tags: Daubert/Experts, Infringement, Invalidity, Motion to Strike/Preclude, Summary Judgment

JMOL and new trial were denied in stent case

Posted on April 18, 2007 by Amy A. Quinlan

Advanced Cardiovascular Systems, Inc. et al. v. Medtronic Vascular, Inc. et al., No. 98-80-SLR, Mar. 29, 2007.

Robinson, J. Defendants' motion for judgment as a matter of law of non-infringement and invalidity and motion for a new trial were denied.

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Tags: Claim Construction, Infringement, Invalidity, Inventor Issues, JMOL/New Trial, Motion to Strike/Preclude, Real Party in Interest/Standing/Agency

Defense tactics result in denial of JMOL and new trial motions

Posted on April 10, 2007 by Amy A. Quinlan

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

Robinson, J. Defendants’ motions for JMOL and new trial are denied. Continue Reading...

Tags: Claim Construction, Discovery, Infringement, Invalidity, JMOL/New Trial, Motion to Strike/Preclude

Untimely prior art references were precluded due to lack of diligence

Posted on March 13, 2007 by Amy A. Quinlan

Bridgestone Sports Co. Ltd. v. Acushnet Co., No. 05-132-JJF, Feb. 15, 2007.

Farnan, J. A motion to preclude untimely disclosed prior art references was granted.

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Tags: Discovery, Invalidity, Motion to Strike/Preclude

An untimely expert report was limited

Posted on March 13, 2007 by Amy A. Quinlan

Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 8, 2007.

Thynge, J. A motion to preclude invalidity expert’s first report based on unreliable methods was discussed in separate opinion. A motion to dismiss a supplemental report was granted in part as untimely.

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Tags: Daubert/Experts, In Limine, Invalidity

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

Posted on March 13, 2007 by Amy A. Quinlan

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.

Tags: Attorneys' Fees/Costs/Interest, Damages, Equitable Defenses and Remedies, Exceptional Case/Willfulness, Infringement, Invalidity, JMOL/New Trial

Summary judgment on opposed non-invalidity arguments is refused

Posted on February 5, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 2, 2006.

Jordan, J. Plaintiff’s motion for partial summary judgment that the patent is not invalid as obvious is granted in part and denied in part. Continue Reading...

Tags: Claim Construction, Invalidity, Summary Judgment

Whether references qualify as prior art is left for trial

Posted on February 5, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 2, 2006.

Jordan, J. Plaintiff’s motion for partial summary judgment that certain evidence cannot qualify as prior art is denied.

Tags: Invalidity, Summary Judgment

Court declines to rule patent was not anticipated.

Posted on January 25, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 2, 2006.

Jordan, J. Plaintiff’s motion for partial summary judgment of no anticipation is denied.

Tags: Claim Construction, Invalidity, Summary Judgment

Markman decision relating to a system for storing video images

Posted on January 25, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Oct. 26, 2006.

Jordan, J. This Markman decision addresses only those terms that appear to be dispositive of issues raised in pending motions.

Tags: Claim Construction, Invalidity

Defendants prevail on invalidity arguments

Posted on January 25, 2007 by Amy A. Quinlan

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

Robinson, J. Defendants’ motions for summary judgment of invalidity are granted. Plaintiff’s motion regarding no anticipation is denied as moot. Defendants’ motion for failure to disclose best mode is denied as moot.

Tags: Invalidity, Motion to Strike/Preclude, Summary Judgment

A few in limine motions granted before jury trial; most denied

Posted on January 24, 2007 by Amy A. Quinlan

Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., No. 04-1371–JJF Sept. 20, 2006.

Farnan, J. Court grants 3 of 19 motions in limine filed by defendants, and 1 1/2 out of 5 motions filed by plaintiff.

Tags: Damages, Daubert/Experts, In Limine, Invalidity, Motion to Strike/Preclude

Pretrial rulings favor patentee after court adopts broader claim constructions

Posted on January 24, 2007 by Amy A. Quinlan

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.

Tags: Claim Construction, Equitable Defenses and Remedies, In Limine, Infringement, Invalidity

Novozymes' patent was found to be enforceable and infringed

Posted on January 24, 2007 by Amy A. Quinlan

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.

Tags: Claim Construction, Equitable Defenses and Remedies, Infringement, Invalidity

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

Posted on January 24, 2007 by Amy A. Quinlan

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.

Tags: Claim Construction, Equitable Defenses and Remedies, In Limine, Infringement, Invalidity

Judgment against generic pharmaceutical company IVAX after bench trial

Posted on January 18, 2007 by Amy A. Quinlan

Forest Laboratories, Inc., et al., v. IVAX Pharmaceuticals, Inc. et al., No. 03-891-JJF; July 13, 2006.

Farnan, J. After 5-day bench trial, court finds defendants have not established that the patents-in-suit are invalid as anticipated, obvious, or impermissibly broadened upon reissue, nor that a patent is unenforceable for inequitable conduct.

Tags: Equitable Defenses and Remedies, Invalidity

Apparatus claims held not indefinite and free of method-of-use limitations

Posted on January 18, 2007 by Amy A. Quinlan

Toshiba Corp. v. Juniper Networks, Inc., No. 03-1035-SLR, June 28, 2006.

Robinson, J. Defendant’s motion for partial summary judgment of invalidity is denied.

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Tags: Invalidity

New trial and JMOL on infringement and invalidity were denied

Posted on January 18, 2007 by Amy A. Quinlan

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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Tags: Infringement, Invalidity, JMOL/New Trial, Motion to Strike/Preclude

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

Posted on January 17, 2007 by Amy A. Quinlan

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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Tags: Claim Construction, Infringement, Invalidity, JMOL/New Trial

Jury verdicts against both parties stand as JMOL is refused

Posted on January 16, 2007 by Amy A. Quinlan

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.

Tags: Bifurcation/Phasing/Consolidation, Infringement, Invalidity, JMOL/New Trial

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

Posted on January 16, 2007 by Amy A. Quinlan

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.

Tags: Infringement, Invalidity

Summary judgment of invalidity denied

Posted on January 15, 2007 by Amy A. Quinlan

Guidant Corp. et al. v. St. Jude Medical, Inc. et al., No. 04-0067-SLR, Jan. 6, 2006.

Robinson, J. Motion for summary judgment that reissued patent is invalid under “Recapture Rule” was denied.

Tags: Invalidity, Summary Judgment