Posts Tagged: "docket report"

It will likely come as a surprise to many, but I really don’t think the ACLU victory in the Myriad Genetics litigation is a big deal. Hakuna Matada is what I say. It’s actually a wonderful phrase. It means no worries for the rest of your days, and is a problem-free philosophy… blah blah blah… Picture begins to wiggle out of focus and fades to black in three… two… one… You are about to begin a journey through space and time, into another dimension. On this odyessy into a wondrous land whose boundaries are that of the surreal, the vastness of the timeless infinity forms a middle ground between light and dark, between science and superstition, and it lies at the heart of humanity’s fears and the pinnacle of understanding. You are about to enter the Twilight Zone…

Sitting by designation in the United States District Court for the Eastern District of Texas, soon to be Chief Judge of the Federal Circuit, Judge Randall Rader, granted summary judgment to Google Inc. and AOL LLC in the case brought by Performance Pricing, Inc., which alleged infringement of U.S. Patent No. 6,978,253. Judge Rader ruled that there was no infringement and summary judgment was appropriate because there were no genuine issues of fact in dispute. More specifically, Rader determined that AdWords does not contain a price-determining activity.

In the case of Henryk Oleksy v. General Electric Company, et al (ILND 1-06-cv-01245), a settlement conference occurred recently. Quite a normal activity in patent litigation cases. But something about this particular entry caught our eye. Patent litigators were complimented for being civil by the district court. This is not something you typically see, but when there are these types of “feel good” moments they are worthy of being noted.

On March 2, 2010, Apple filed two lawsuits against High Tech Computer Corp. (aka HTC Corp.), HTC (B.V.I.) Corp, HTC America, Inc. and Exeda, Inc in the US District Court for the District of Delaware, and a concurrent ITC proceeding. Speculation has already started to rise, not surprisingly, that the real target of Apple is none other than Google, who is the creator of the Android operating system that seems to be the foundation of the allegedly infringing technologies. Given that Apple has sold over 40 million iPhones worldwide, if they do believe there is infringement they can hardly let Google muscle in on this lucrative technology turf.

The day starts out quiet enough. I wake up and scoop my contacts out of the Clear Care® contact lens solution they’re swimming in. Blinking rapidly to settle my contacts, I focus on some tiny numbers printed on the contact solution box. Patent numbers. I’ve been using the solution for years and wonder how old the patents must be. I do a quick Google search and discover that the patents have expired. Strange that expired patents would be printed on the box… My 3 year old interrupts my thoughts as she walks up to me still rubbing her eyes, complaining that her Goodnite’s® Sleep Shorts are soggy. Knowing that absorbent products containing hydrogels with ability to swell against pressure don’t change themselves, I quickly get her some dry pants. Doing so, I check the box and sure enough, more expired patent numbers.

Only one court (District of Minnesota) seemed to give much consideration to the argument that plaintiff would be unduly prejudiced by defendant’s continuing allegedly infringing activity during the stay. One court acknowledged that a party may be prejudiced by the delay of the stay if it can be shown that the ability to gather evidence would be compromised by the stay.

GE asserts that the Mitsubishi 2.4MW wind turbine is an example of an infringing product. The 2.4 MW wind turbine is a large-size wind turbine with a 2.4 megawatt rated output. According to the Mitsubishi website, the MWT92/2.4 and MWT95/2.4 (versions of the 2.4MW wind turbine) “are strategically targeted at the global market for large-scale wind turbine generators. MHI developed the MWT92/2.4 proprietarily and, since January 2006, has verified its performance and reliability through testing…”

On January 21, 2010, the United States District Court for the Central District of California issued a ruling in Big Baboon, Inc. v. Dell, Inc. et al, staying further consideration on the motion for summary judgment for invalidity until such time that the United States Supreme Court issues its much anticipated decision in Bilski v. Kappos. This is exactly what I have been suggesting (see Offering Help), and it has amazed me that other district courts and the United States Patent Office are plowing ahead and making Bilski rulings.

This case comes to light courtesy of the Docket Report daily e-mail newsletter. On Tuesday, January 26, 2010, the United States Federal District Court for the Middle District of Florida, per Magistrate Pizzo, granted summary judgment against Solomon Technologies, Inc. and in favor of Toyota Motor Corporation relating to claims of infringement relative to U.S. Patent No. 5,067,932. The case…

Just last week I wrote an article about district courts being increasingly reluctant to order a stay of a pending patent infringement litigation even when the United States Patent Office has granted reexamination. To quote the words of Lee Corso of ESPN College Football fame, “not so fast my friend!” Courtesy of the Docket Report daily patent litigation newsletter, I…

In news that has already spread across the Internet like a wildfire, Eastman Kodak Company has sued Apple, Inc., alleging that Apple infringes numerous Kodak patents associated with the iPhone, iPod Touch and various Mac computers. News reports also indicate that Kodak has sued Research in Motion (RIM), maker of the Blackberry. As yet I have not seen a copy…

Over the last several months large law firms have opened Reexamination Practice Groups and even starting blogs dedicated solely or in part to exploring the issues presented by Reexamination.  And as I am writing, PLI is presently hosting day 1 of a two day Reexamination and Reissue program at its San Francisco headquarters. The program titled Reissue and Reexamination Strategies…

What do Paris Hilton and patent law have in common? Well, virtually nothing really, or at least not until a couple days before Christmas at least. Yes, as hard as it may seem to believe Paris Hilton finds herself connected by the foot to patent law, having been alleged to infringe a design patent owned by Brooke Hollow, Inc., which…

What’s $175,641,661 among friends?  Apparently not much, at least insofar as news media are concerned, although it is admittedly unfair to use the word “friends” in the same sentence as $175,641,661.  In reality, it is hard to characterize Abbott Laboratories as being a “friend” of who they must pay that exorbitant sum to, but I guess is does certainly pale…