Summary Judgment : Delaware Patent Litigation Report

Summary judgment rulings issue in cable case

Posted on August 31, 2010 by Amy A. Quinlan

Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63a-SLR, August 24, 2010.

Robinson, J. Plaintiff’s motion for summary judgment of no invalidity for anticipation is granted as to one patent and denied as to the remaining patents. Plaintiff’s infringement motion is granted in part. Defendant’s motion for summary judgment of invalidity for anticipation and obviousness is granted with respect to one patent and denied as to others. Defendant’s motion for noninfringement is granted in part and denied in part. Defendant’s motion for failure to mark is granted with respect to 6 patents and denied as to a seventh patent. Defendant’s motion for summary judgment of no willful infringement is denied without prejudice to renew.

Tags: Exceptional Case/Willfulness, Infringement, Invalidity, Marking, Obviousness, Robinson, Summary Judgment

Summary judgment is denied in polymer case

Posted on August 4, 2010 by Amy A. Quinlan

The Dow Chemical Company v. Nova Chemicals Corporation, et al., Civil Action No.05-737b-JJF, July 30, 2010.

Farnan, J. Defendants’ motion for summary judgment of invalidity is denied; plaintiff’s motion for summary judgment that patent claims are not invalid for lack of written description, and for partial summary judgment based on defendants’ written description defense are denied.

Tags: Farnan, Indefiniteness, Summary Judgment, Written description

Summary judgment on noninfringment and invalidity is granted in part

Posted on August 4, 2010 by Amy A. Quinlan

Sigram Schindler Beteiligungsgesellschaft mbH v. Cisco Systems, Inc., Civ. Nos.09-72-SLR, 09-232-SLR, July 26, 2010.

Robinson, J. Plaintiff's motion to amend its pleadings is denied in part and denied in part as moot; defendant’s motion to dismiss Teles for lack of subject matter jurisdiction is denied as moot; SSBG is substituted for plaintiff pursuant to Rule 25(c); plaintiff’s motion for partial summary judgment of infringement is denied; defendant’s motion for summary judgment of noninfringement is granted; trial on the validity of the '453 and '902 patents is stayed pending final judgment by the Federal Circuit on the pending reexaminations; defendant’s motion for summary judgment of invalidity of the '453 and '902 patents is denied without prejudice to renew should the stay be lifted; defendant’s motion for summary judgment of invalidity of the '431 patent is granted; SSBG's motion for partial summary judgment of no inequitable conduct is denied; and both parties' motions to exclude expert testimony are denied as moot.

Tags: Amendment of Pleadings, Daubert/Experts, Equitable Defenses and Remedies, Indefiniteness, Infringement, Invalidity, Obviousness, Real Party in Interest/Standing/Agency, Reexamination/Reissue/Interference, Robinson, Stay, Substitution, Summary Judgment

Defendant's summary judgment motion for non-infringement is granted

Posted on July 6, 2010 by Amy A. Quinlan

Innovative Patents, L.L.C. and Forcefield, LLC v. Brain-Pad, Inc., C.A. No. 07-680-MPT, June 29, 2010.

Thynge, M. J. Plaintiffs' motion for summary judgment of infringement is denied, and defendant's motion for summary judgment of non infringement is granted

Tags: Estoppel, Exceptional Case/Willfulness, Infringement, Summary Judgment, Thynge

Limited additional evidence is permitted on motion to reconsider

Posted on June 9, 2010 by Amy A. Quinlan

Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No. 09-642-SLR, June 7, 2010.

Robinson, J. Defendant's motion for reconsideration is granted. Defendant shall file a submission addressing only the additional evidence it seeks to present to rebut the presumption of consumer deception. Plaintiff may respond regarding disputes of the evidence submitted or positions represented.

Tags: Evidence, Lanham Act, Reconsideration/Reargument, Robinson, State Law Claims, Summary Judgment

Summary judgment is denied in polymer dispute

Posted on May 25, 2010 by Amy A. Quinlan

The Dow Chemical Company v. Nova Chemicals Corporation (Canada), et al., Civil Action No.05-737-JJF, May 20, 2010.

Farnan, J. Defendants’ motion for summary judgment of noninfringement and/or invalidity is denied. The parties agree that portions of the invalidity argument are moot due to claim construction, and are therefore denied as moot. Defendants’ motion to strike untimely expert declarations is denied.

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

All but two of the Magistrate's rulings are adopted on appeal

Posted on May 25, 2010 by Amy A. Quinlan

McKesson Automation, Inc. v. Swisslog Italia S.P.A. and Translogic Corporation, Civ. No.06-028-SLR, May 18, 2010.

Robinson, J. The Court adopts the Magistrate’s recommendations in part and overrules in part as follows:
(1) denies defendant’s motion to dismiss
for lack of standing and grants plaintiff’s motion for summary judgment on defendant’s lack of standing defense;
(2) denies defendant’s noninfringement motion;
(3) grants plaintiff’s motion re: no inequitable conduct;
(4) grants plaintiff’s motion re: validity and denies defendant’s invalidity motion;
(5) denies defendant’s motion re: no willfulness;
(6) denies plaintiff’s motion re: no patent misuse;
(7) grants plaintiff’s motion re: no unclean hands, waiver, laches and equitable estoppel and denies defendant’s re laches and estoppel;
(8) grants in part defendant’s motion re: failure to mark.

The court also adopts in part and overrules in part the recommended claim constructions, and denies defendant’s motion to reconsider the denial of its motion to exclude certain expert testimony.

Tags: Appeal of Magistrate Ruling, Claim Construction, Damages, Daubert/Experts, Equitable Defenses and Remedies, Evidence, Exceptional Case/Willfulness, Infringement, Invalidity, Real Party in Interest/Standing/Agency, Robinson, Summary Judgment

Partial summary judgment is granted on plaintiff's false advertising claim

Posted on May 25, 2010 by Amy A. Quinlan

Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-642-SLR, May 18, 2010.

Robinson, J. Plaintiff’s motion for partial summary judgment is granted.

Tags: Lanham Act, Robinson, Summary Judgment

Antitrust claims are dismissed without prejudice pending appeal

Posted on April 29, 2010 by Amy A. Quinlan

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.

Tags: Antitrust, Appeal of final judgment/54(b), Delaware Procedure/Rules, Dismissal, Infringement, Invalidity, Lanham Act, Robinson, Summary Judgment

Plaintiff is not entitled to provisional damages

Posted on April 22, 2010 by Amy A. Quinlan

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.

Tags: Damages, Summary Judgment

Anticipation and obviousness found in computerized speech recognition case

Posted on April 22, 2010 by Amy A. Quinlan

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.

Tags: Infringement, Robinson, Summary Judgment

Plaintiff wins on trademark claim; bad faith is left for trial

Posted on April 6, 2010 by Amy A. Quinlan

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.

Tags: Lanham Act, Robinson, Summary Judgment, Trademark

Summary judgment is denied pending outcome of Bilski appeal

Posted on March 12, 2010 by Amy A. Quinlan

Accenture Global Services GMBH, et al. v. Guidewire Software, Inc., Civ. No.07-826-SLR, March 5, 2010.

Robinson, J. Defendant’s motions for summary judgment of invalidity based on indefiniteness, on-sale bar, anticipation or obviousness are denied. Defendant’s motion that the trade secret misappropriation claim is barred by the statute of limitations is denied. Defendant’s motion for summary judgment of non-infringement is denied without prejudice to renew. Plaintiff’s motion to strike defendant’s on-sale bar arguments and related documents not identified in invalidity contentions is denied.

Tags: Indefiniteness, Infringement, Invalidity, Obviousness, On-sale bar, Robinson, Summary Judgment

Patent is invalid for lack of written description

Posted on February 3, 2010 by Amy A. Quinlan

Boston Scientific Corporation, et al. v. Johnson & Johnson, Inc., et al., Civ. No.07-333-SLR; Civ. No. 07-348-SLR; Civ. No. 07-409-SLR; Civ. No. 07-765-SLR, January 20, 2010.

Robinson, J. Plaintiff’s motion for summary judgment of invalidity under §112 is granted. Plaintiff’s motion for summary judgment of noninfringement and invalidity under § 103 are denied. Defendant’s motion for summary judgment of infringement is also denied.

Tags: Invalidity, Robinson, Summary Judgment

Laches counterclaim is dismissed

Posted on January 22, 2010 by Amy A. Quinlan

Crown Packaging Technology, Inc., et al. v. Rexam Beverage Can Co., Civil Action No. 05-608-MPT, January 15, 2010.

Thynge, M.J. Motion for partial summary judgment dismissing defendant’s laches counterclaim is granted

Tags: Equitable Defenses and Remedies, Summary Judgment, Thynge

Magistrate recommends denial of defendant's motion to dismiss -- again.

Posted on November 16, 2009 by Morris James Delaware

McKesson Automation, Inc. v. Swisslog Holding AG, et al., Civ. No. 06-28-LPS, October 30, 2009.

The Magistrate recommends denial of defendant’s motion to dismiss. Disputed terms are construed following a Markman Hearing. In addition recommendations are made on several competing motions for summary judgment. Finally, the parties’ competing motions to preclude expert testimony are denied.

Tags: Case Summaries, Claim Construction, Discovery, Dismissal, Equitable Defenses and Remedies, Estoppel/res judicata, Exceptional Case/Willfulness, Infringement, Invalidity, Motion to Strike/Preclude, Patent misuse, Real Party in Interest/Standing/Agency, Robinson, Summary Judgment

Magistrate recommends denial of dismissal and transfer motions

Posted on October 6, 2009 by Amy A. Quinlan

Autodesk Canada Co. v. Assimilate, Inc., Civ. No. 08-587-SLR-LPS, September 29, 2009.

Stark, M. J. Magistrate recommends denial without prejudice of Defendant’s motion to dismiss, or alternatively for summary judgment or transfer of venue.

Tags: Dismissal, Jurisdiction/Venue/Standing, Stark, Summary Judgment, Transfer

Partial summary judgment granted on invalidity motion

Posted on October 6, 2009 by Amy A. Quinlan

Sepracor Inc. v. Dey, L.P. and Dey, Inc., Civil Action No. 06-113- JJF, September 24, 2009.

Farnan, J. Defendant’s motion for summary judgment on invalidity is granted in part. Plaintiff’s motion for summary judgment of no anticipation is denied.

Tags: Farnan, Invalidity, Summary Judgment

Summary judgment on obviousness is less likely with numerous prior art references

Posted on September 18, 2009 by Amy A. Quinlan

Girafa.com, Inc. v. IAC Search & Media, Inc., et al., Civ. No. 07-787-SLR, September 15, 2009.

Robinson, J. Defendants’ motion for partial summary judgment of invalidity under 35 U.S.C. § 112 is denied. Defendants’ motion for summary judgment of invalidity based on obviousness is denied. A non-infringement motion based upon not supplying browser required by claims similarly fails.

Tags: Indefiniteness, Infringement, Invalidity, Robinson, Summary Judgment

Court vacates prior decision on cross motions for summary judgment

Posted on September 2, 2009 by Amy A. Quinlan

Rembrandt Technologies, L.P. v. Harris Corp., C.A. No. 07C-09-059-JRS, August 14, 2009.

Slights, J. Plaintiff’s Motion for Relief from Judgment is granted.

Tags: Reconsideration/Reargument, Slights, Summary Judgment

Inequitable conduct defense fails as untimely

Posted on August 24, 2009 by Amy A. Quinlan

Laboratory Skin Care, Inc., et al. v. Limited Brands, Inc., et al., Civil Action No. 06-601-JJF, August 17, 2009.

Farnan, J. Plaintiffs’ motion to strike Defendants’ motion for Defendants’ motion for summary judgment of unenforceability is granted.

Tags: Amendment of Pleadings, Equitable Defenses and Remedies, Farnan, Summary Judgment

Lack of willfulness motion is granted; issues of fact remain as to other motions

Posted on August 7, 2009 by Amy A. Quinlan

Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06c-491-MPT, July 27, 2009.

Thynge, M.J. Defendants’ motion for summary judgment is denied as to non-infringement and is granted as to no willful infringement; defendants’ motion for summary judgment regarding lack of written description is denied; plaintiff’s motion to strike materials produced after the close of discovery and inadmissible hearsay is granted in part, denied in part, and moot in part; defendants’ motion for summary judgment of invalidity is denied; and plaintiff’s motion for leave to file sur-reply regarding defendants’ invalidity motion is moot.

Tags: Evidence, Exceptional Case/Willfulness, In Limine, Invalidity, Summary Judgment, Thynge

Infringement judgment in prior suit does not result in summary judgment

Posted on July 24, 2009 by Amy A. Quinlan

Cordis Corporation v. Boston Scientific Corporation, et al., Civ. No. 08-779-SLR, July 21, 2009.

Robinson, J. Plaintiff’s motion for summary judgment is denied.

Tags: Claim Construction, Estoppel/res judicata, Evidence, Infringement, Robinson, Summary Judgment

Possible claim splitting stays litigation

Posted on July 13, 2009 by Amy A. Quinlan

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309-JJF-LPS, July 9, 2009.

Stark, M. J. Decision on cross motions for summary judgment is deferred pending ruling in earlier action.

Tags: Claim Splitting, Stark, Stay, Summary Judgment

Partial summary judgment of non-infringement is granted in video-on-demand suit

Posted on July 8, 2009 by Amy A. Quinlan

American Patent Development Corporation, LLC v. Movielink, LLC, Civil Action No. 07-605-JJF, July 1, 2009.

Farnan, J. Defendant’s Motion For Partial Summary Judgment of Non-Infringement is granted in part. Plaintiff’s Motion for Partial Summary Judgment of Infringement is denied.

Tags: Claim Construction, Farnan, Infringement, Summary Judgment

Patent misuse and marking defense survive summary judgment challenge

Posted on July 6, 2009 by Amy A. Quinlan

Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06-491-MPT, June 30, 2009.

Thynge, M. J. Plaintiff’s motion for summary judgment on defendants’ prosecution laches defense is granted and defendants’ motion relating to this defense is denied. Plaintiff’s motion for summary judgment concerning Amazon’s patent misuse defense is granted in part and denied in part. Plaintiff’s motion for summary judgment on a marking issue is denied. Plaintiff’s motion for summary judgment on defendants’ § 288 defense is granted.

Tags: Damages, Dismissal, Equitable Defenses and Remedies, Invalidity, Summary Judgment, Thynge

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, Robinson, Summary Judgment

Court adopts Magistrate's Report and Recommendation

Posted on December 23, 2008 by Amy A. Quinlan

Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. No. 05-245-JJF, December 16, 2008.

Farnan, J. Defendant’s objections to the Magistrate’s Report and Recommendation regarding defendant’s motion for partial summary judgment on the amended counterclaim are overruled and the Magistrate’s recommendation is adopted.

Tags: Appeal of Magistrate Report and Recommendation, Farnan, Summary Judgment

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, Robinson, Summary Judgment

Summary judgment is granted as to infringement and noninfringement

Posted on December 12, 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. 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.

Tags: Claim Construction, Infringement, Robinson, Summary Judgment

Court lacks jurisdiction over settlement agreement in the absence of order

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 motion to dismiss breach of contract claim is granted and the grant of summary judgment is vacated.

Tags: Dismissal, Equitable Defenses and Remedies, Jurisdiction/Venue/Standing, Robinson, Summary Judgment

Willful infringement claim falls on summary judgment

Posted on November 14, 2008 by Amy A. Quinlan

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.

Tags: Exceptional Case/Willfulness, Infringement, Summary Judgment, Thynge

Mixed ruling issues in antitrust case regarding sham litigation claims

Posted on October 8, 2008 by Amy A. Quinlan

Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al. No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation No. 05-340-SLR; In Re: Tricor Indirect Purchaser Antitrust Litigation No. 05-360-SLR, September 24, 2008, revised October 2, 2008.

Robinson, J. Defendants’ motion for summary judgment on plaintiffs’ claims of sham litigation premised on inequitable conduct and plaintiffs’ Walker Process claims is granted. Defendants’ motion for summary judgment on sham litigation claims based on a lack of probable cause for asserting patent infringement is denied.

Tags: Antitrust, Dismissal, Robinson, Summary Judgment

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, Robinson, Summary Judgment

Antitrust injury found not amenable to summary judgment practice

Posted on August 27, 2008 by Amy A. Quinlan

Teva Pharmaceuticals USA, Inc., et al. v. Abbott Laboratories, et al., C.A. Nos. 02-1512-SLR, 03-120-SLR, 05-340-SLR, 05-360-SLR (consolidated) and 08-155-SLR, August 18, 2008.

Robinson, J. Court stays state law claims of indirect purchasers and counterclaim plaintiffs in Tricor action. Defendants' motions for summary judgment on state law claims are likewise denied without prejudice. Defendants’ motions for summary judgment on relevant market definition are denied. Defendants’ motion for leave to file a motion for summary judgment on antitrust injury is denied.

Tags: Antitrust, Robinson, Stay, Summary Judgment

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, Sleet, Summary Judgment

Court denies attorney fees in patent infringement case

Posted on February 29, 2008 by Amy A. Quinlan

Forest Laboratories, Inc., et al., v. IVAX Pharmaceuticals, Inc., et al., C.A. No. 03-891-JJF, February 26, 2008.

Farnan, J. Following a bench trial ruling in favor of plaintiffs’ claims of infringement, the Court denies plaintiffs’ request for attorney fees finding that defendants’ conduct, while sometimes questionable, did not rise to the “exceptional” level.

Tags: Attorneys' Fees/Costs/Interest, Exceptional Case/Willfulness, Summary Judgment

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, Robinson, 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, Thynge

Summary judgment of infringement granted in beverage container case

Posted on January 6, 2008 by Amy A. Quinlan

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.

Tags: Infringement, Summary Judgment, Thynge

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, Robinson, Summary Judgment

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

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. 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.

Tags: Infringement, Summary Judgment, Thynge

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, Thynge

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

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

Summary judgment in antitrust action is denied; jurisdictional and venue defenses are upheld

Posted on October 16, 2007 by Amy A. Quinlan

Howard Hess Dental, et al., v. Dentsply International, Inc., C.A. Nos. 99-255-SLR and 01-267, September 26, 2007.

Robinson, J. Plaintiff’s motion for summary judgment is denied. Defendants’ motion to dismiss for lack of personal jurisdiction and improper venue is granted.

Tags: Antitrust, Damages, Dismissal, Equitable Defenses and Remedies, Estoppel/res judicata, Jurisdiction/Venue/Standing, Summary Judgment

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/res judicata, Infringement, Invalidity, State Law Claims, Summary Judgment

Claims for conversion and deceptive trade practices under Lanham Act not cognizable

Posted on May 17, 2007 by Amy A. Quinlan

Bavarian Nordic A/S, et al. v. Acambis, Inc, et al., No. 05-614-SLR, May 15, 2007.

Robinson, C.J. The Court ruled in defendants’ favor and against plaintiffs on cross motions for summary judgment where plaintiffs failed to establish claims for conversion or violation of Lanham Act.

Tags: Lanham Act, Summary Judgment

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

Summary judgment of non-infringement was denied

Posted on March 16, 2007 by Amy A. Quinlan

Inline Connection Corp. et al. v. AOL Time Warner Inc. et al., Nos. 02-272-MPT, 02-477-MPT (consolidated), Feb. 2, 2007.

Thynge, J. Defendants’ motion for summary judgment of noninfringement was denied.

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Tags: Infringement, Summary Judgment

Summary judgment of infringement was granted in part

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), 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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Tags: Infringement, Summary Judgment

Damages expert's testimony was limited in part

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. 16, 2007.

Thynge, J. A motion in limine to limit expert testimony was granted in part. A motion for summary judgment to preclude damages for non-infringing lines was denied.

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

Reconsideration of damages limitation was denied

Posted on March 13, 2007 by Amy A. Quinlan

Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 12, 2007.

Thynge, J. A motion for reconsideration of December 5, 2006 limitation on damages was denied.

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Tags: Damages, Reconsideration/Reargument, Summary Judgment

Reconsideration denied where Plaintiff injected new arguments

Posted on February 5, 2007 by Amy A. Quinlan

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.

Tags: Infringement, Reconsideration/Reargument, Summary Judgment

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

Cross motions for summary judgment of inequitable conduct denied

Posted on February 5, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Oct. 30, 2006.

Jordan, J. Plaintiff’s motion for summary judgment that the patent-in-suit is not unenforceable due to alleged inequitable conduct is denied; defendants’ motion for summary judgment of inequitable conduct is denied.

Tags: Equitable Defenses and Remedies, 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

No infringement in camera patent dispute

Posted on January 25, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Oct. 31, 2006.

Jordan, J. Defendants’ motion for summary judgment of non-infringement is granted.

Tags: Claim Construction, Equitable Defenses and Remedies, Estoppel/res judicata, Infringement, Summary Judgment

Summary judgment of non-infringement granted

Posted on January 25, 2007 by Amy A. Quinlan

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...

Tags: Daubert/Experts, Infringement, Summary Judgment

Court is unpersuaded by champetry argument

Posted on January 25, 2007 by Amy A. Quinlan

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

Robinson, J. Defendants’ motions to dismiss for lack of standing and failure to join a party are denied. Defendant BBW’s motion for summary judgment based on misassignment of the patent to the Greenspan Company rather than The Greenspan Corporation was denied.

Tags: Dismissal, Real Party in Interest/Standing/Agency, Summary Judgment

Court construes claims relating to skin care product

Posted on January 25, 2007 by Amy A. Quinlan

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

Robinson, J. Markman ruling with respect to disputed language in two claims of one patent-in-suit.

Tags: Dismissal, Real Party in Interest/Standing/Agency, Summary Judgment

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

Fact issues preclude summary judgment on equitable defenses

Posted on January 16, 2007 by Amy A. Quinlan

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

Robinson, J. Cross motions for summary judgment of laches are denied due to genuine issues of material fact. Plaintiff’s motion for summary judgment on defendant’s equitable defense is denied.

Continue Reading...

Tags: Equitable Defenses and Remedies, Summary Judgment, Waiver

Reconsideration granted after court reviews proper record

Posted on January 15, 2007 by Amy A. Quinlan

Padcom, Inc. v. Netmotion Wireless, Inc., No. 03-983-SLR, Mar. 8, 2006.

Robinson, J. Motion for reconsideration granted. Various requests for clarification are addressed.

Tags: Claim Construction, Motion to Strike/Preclude, Reconsideration/Reargument, Robinson, Summary Judgment

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, Robinson, Summary Judgment