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January 30, 2007
Wrong Temperature
Sensitech
is exclusive licensee of
RE36,200; Donald W. Berrian, inventor. Sensitech sued Time 'N Temperature
(TNT) for infringement of '200. On summary judgment, the district court found
the patent valid, and infringed, and placed an injunction on TNT. The appeals
court readily ruled that was wrong (CAFC
06-1404).
Continue reading "Wrong Temperature"
Posted by Patent Hawk at 2:07 PM | Prior Art | Comments (0)
The Patent Troll Myth
Emory
law student James F. McDonough III has written an excellently researched paper
on patent licensing companies, titled "The
Myth of the Patent Troll: An Alternative View of the Function of Patent Dealers
in an Idea Economy."
Continue reading "The Patent Troll Myth"
Posted by Patent Hawk at 1:18 AM | The Patent System | Comments (0)
January 29, 2007
Thai Patent Snatch
Thailand has pulled the plug on patent protection for two drugs:
Plavix, a
blood-thinner, and Kaletra, a "second-line" treatment for HIV/AIDS. The move is
not against World Trade Organization rules, called TRIPS, which allow a government to
unilaterally declare a public health crisis and peddle patented drugs under
compulsory license. Naturally, the drug companies are howling.
Continue reading "Thai Patent Snatch"
Posted by Patent Hawk at 10:49 PM | International | Comments (0)
January 28, 2007
Wooden Claim Construction
Anderson
sued Fiber Composites, both composite wood makers, for infringing six patents in
two groups. At the district level, claim construction split the difference in
decision. Both parties appealed (CAFC
05-1434). The core
issue was whether the process to make a product could be read into the claims.
In this case, the CAFC observed, prosecution estoppel narrowed construction: "An
applicant’s argument that a prior art reference is
distinguishable on a particular ground can serve as a disclaimer of claim scope
even if the applicant distinguishes the reference on other grounds as well."
Continue reading "Wooden Claim Construction"
Posted by Patent Hawk at 12:39 AM | Claim Construction | Comments (0)
January 27, 2007
Heartthrob
Lipitor
is the best-selling drug in the world, having raked in worldwide sales last year
approaching $13 billion. Thursday, an Ottawa district court judge invalidated
one of the Canadian patents protecting Lipitor. (T-507-05)
Posted by Patent Hawk at 12:23 AM | Litigation | Comments (0)
January 26, 2007
Check
Claiming
methods for "enhancing the security of negotiable documents," Toronto-based
Advanced Software Design (ASDC), exclusive licensee of
6,233,340;
6,549,624; &
6,792,110, owned by inventor Calin Sandru, Monday filed a complaint
in the patent litigation hotbed Eastern District of Missouri (huh?). ASDC
asserts that competitor FiServ's check fraud product, sold to Federal Reserve
branch banks, infringes. (4:07-cv-00185-MLM)
Posted by Patent Hawk at 7:56 PM | Litigation | Comments (0)
Standardized Application
At
a meeting Wednesday of the Intellectual Property Forum of the Asia-Pacific
Economic Cooperation (APEC), Japan proposed standardizing patent application
forms and sharing examination results among member nations.
Continue reading "Standardized Application"
Posted by Patent Hawk at 12:31 PM | International | Comments (0)
January 25, 2007
Fitting
In
a 2-1 split decision, the appeals court vacated and remanded a district court dismissals
of a patent antitrust claim, where the patent was under a fog of accused fraud,
and, separately argued, breach of contract related to patented technology. (CAFC
2006-1188).
Posted by Patent Hawk at 2:46 PM | Case Law | Comments (0)
January 24, 2007
The Needle and the Damage Done
MBO
Labs asserted
RE36,885 against Becton-Dickinson. An unfavorable Markman led to a conceded
defeat of summary judgment via non-infringement. So MBO appealed the claim
construction. (CAFC
06-1062)
Continue reading "The Needle and the Damage Done"
Posted by Patent Hawk at 4:11 PM | Claim Construction | Comments (0)
January 22, 2007
Indefinite Curing
Star
Scientific owns
6,202,649 and
6,425,401, which claim methods for curing tobacco to reduce nitrosamine (TSNA),
a carcinogen. Star sued R.J. Reynolds for infringement. RJR argued that claim
terms to getting the right "controlled environment" were indefinite. (Maryland
MJG-01-1504)
Continue reading "Indefinite Curing"
Posted by Patent Hawk at 6:43 PM | Claim Construction | Comments (0)
January 19, 2007
About
Ortho-McNeil
Pharmaceutical sued Caraco Pharmaceutical Laboratories for infringing
5,336,691 after Caraco filed an ANDA. This claim construction dual was about
defining the range meant by the claim term "about."
Posted by Patent Hawk at 3:40 PM | Claim Construction | Comments (0)
Terminal Disclaimer & Extension
Merck
owns
4,797,413, a CIP of a CIP of a CIP, terminally disclaimed at the end of
June, 2004, but granted a three-and-a-half year extension by the USPTO because
it took the FDA almost six years to okay Merck's dorzolamide (trade name:
Trusopt), the drug for glaucoma treatment claimed by the patent. Merck
claims the extension rides on the tail of the terminal disclaimer, extending the
patent to the end of 2007. Hi-Tech Pharmaceutical wants to market a generic
version, and says there is no tail to a terminal disclaimer, at least in this
instance. A New Jersey district court ruling favored Merck; a ruling Hi-Tech
appealed. No appeals court decision yet, but the murky intersection between terminal
disclaimer and patent extension may be plowed clear as a result.
Continue reading "Terminal Disclaimer & Extension"
Posted by Patent Hawk at 12:04 AM | Case Law | Comments (0)
January 18, 2007
Privity & Judicial Estoppel
5,318,080
claims a device for changing automatic transmission fluid. Transclean is
exclusive licensee. In October 1997, Transclean sued Bridgewood, a maker of
transmission service equipment, for infringement, and won. Then Transclean went
after Bridgewood's customers.
Continue reading "Privity & Judicial Estoppel"
Posted by Patent Hawk at 12:14 PM | Case Law | Comments (0)
January 17, 2007
Drugged
FTC Commissioner Jon Leibowitz
has his knickers in a twist,
testifying today before the Senate Judiciary Committee about what he called
anticompetitive patent settlements in the U.S. pharmaceutical industry.
Posted by Patent Hawk at 9:36 PM | Patents In Business | Comments (0)
January 16, 2007
Disjointed Venture
Canon
began SED TV technology research in 1986. In 1999, Canon took a patent license
from Nano-Proprietary for its SED TV technologies. Canon then entered a joint
venture with Toshiba in 2004 to develop this new type of flat-panel display. In
doing so, it seems to have run afoul of its licensing agreement. Nano-Proprietary
sued.
Continue reading "Disjointed Venture"
Posted by Patent Hawk at 12:32 AM | Patents In Business | Comments (0)
January 12, 2007
Not A Card
E-Pass
shot blanks in asserting
5,276,311, which claims a method of replacing a bunch of credit cards with a
single "multi-function card", against the makers of Palm PDAs and VISA.
Following a narrow claim construction from the district court, E-Pass appealed,
with the original district court ruling vacated by the CAFC. Next round: summary
judgment of non-infringement by the district court on a slightly broader claim
construction. So E-Pass appealed again (CAFC
2006-1356, -1357, -1358).
Posted by Patent Hawk at 1:36 PM | Claim Construction | Comments (0)
January 11, 2007
ITC Pummeling on Appeal
Jazz
Photo refurbished and sold the shells of disposable cameras made by Fuji Photo
Film. Fuji took Jazz to the ITC for patent infringement and won. Not entirely
satisfied with the pummeling, Fuji appealed (CAFC 04-1618).
The Jazz COO, Jack Benun, was dissatisfied with being pummeled, so he appealed.
Continue reading "ITC Pummeling on Appeal"
Posted by Patent Hawk at 3:34 PM | Litigation | Comments (0)
January 10, 2007
MedImmune: The Practical Implications
A summary of the MedImmune ruling, and some considerations of its implications, by Lynn E. Eccelston of McGuireWoods.
Continue reading "MedImmune: The Practical Implications"
Posted by Patent Hawk at 12:27 PM | Declaratory Judgment | Comments (0)
January 9, 2007
Having It Both Ways
MedImmune
took a patent license from
Genentech to make and sell its cash cow drug
Synagis, used to prevent a respiratory
tract disease in the very young. When faced with the perceived prospect of
having to pay more royalties for a follow-on Genetech patent, MedImmune bolted -
stopped paying fees, and sued for declaratory judgment of invalidity. The case
headed north, to the Supreme Court, as the lower courts wouldn't touch it,
because, the lower courts ruled, a licensee can't wiggle out by acting scared.
In a narrow 8-1 holding, the Supreme Court ruled that a licensee may seek declaratory judgment of patent invalidity without breaching its licensing obligations.
Continue reading "Having It Both Ways"
Posted by Patent Hawk at 1:59 PM | Declaratory Judgment | Comments (1)
January 8, 2007
Overall Design
Amini Innovation sued Anthony California for infringing dresser furniture design patent D488,936. Anthony got a district court summary judgment of non-infringement. The appeals court: "not so fast." (CAFC 06-1096).
Continue reading "Overall Design"
Posted by Patent Hawk at 11:39 AM | Claim Construction | Comments (0)
January 7, 2007
Maca
Bioprospecting
is back in the news, with maca as the spearhead (pun intended). Maca is supposed
to boost stamina, particularly sexually. Why would anyone be interested in such
a thing?
Posted by Patent Hawk at 3:50 PM | The Patent System | Comments (0)
January 6, 2007
IncreMentalAdvantage
IncreMentalAdvantage
offers seminars on different aspects of the patent game, including litigation
and overall patent strategies, IP valuation & patent monetization. The seminars
are geared towards corporate IP counsel; fitting, as law firm attorneys benefit
from understanding that perspective, as well as the conferences offering
networking potential for prospective clients and service providers.
Continue reading "IncreMentalAdvantage"
Posted by Patent Hawk at 12:28 AM | The Patent System | Comments (0)
January 5, 2007
Abbott's Preliminary Injunction Rabbit
Abbott
Labs sued Andrx, Roxane, and Teva for infringing patents related to extended
release clarithromycin (6,010,718;
6,551,616;
6,872,407), sold by Abbott as Biaxin XL.
The three defendants had filed ANDAs, which were approved. Abbot successfully
moved for a preliminary injunction against all three from marketing their
generic versions. Here is the case Andrx appealed (CAFC
06-1101).
Continue reading "Abbott's Preliminary Injunction Rabbit"
Posted by Patent Hawk at 12:58 PM | Injunction | Comments (0)
Phillips v. AWH Turnabout
Phillips v. AWH was last year's CAFC claim construction classic. Remanded, the district judge in the case has overturned the $1.85 million willful infringement jury award, entering JMOL of non-infringement. The case has lasted a decade.
Posted by Patent Hawk at 12:01 AM | Litigation | Comments (0)
January 4, 2007
Federal Circus
fedcirc.us
is a new blog dedicated to slow-roasted reviews of federal circuit decisions, hosted by
inveterate patent law bloggers Matt Buchanan, Stephen Nipper, and Doug Sorocco.
Welcome!
Continue reading "Federal Circus"
Posted by Patent Hawk at 1:57 PM | Case Law | Comments (0)
Light Sensor
DESA
owns
5,598,066, for motion-activated security lights, a popular item with
home-owning suburbanites. DESA sued EML Technologies and Costco for
infringement. Claim construction of the claimed sensor means at the district
court dimmed infringement, DESA conceded. Appealing, the CAFC (06-1168)
remanded with a proper claim construction.
Continue reading "Light Sensor"
Posted by Patent Hawk at 1:33 PM | Claim Construction | Comments (0)
January 3, 2007
Say Cheese
Back
in March 2004, Kodak sued
Sony for patent infringement of
digital imaging technologies. Sony duly replied with its own ten-patent
counterclaim. They then upped the ante with 24 Sony patents and 7 Kodak patents,
for things like printers and film development. Folks couldn't keep track of the
score, even reputedly changing the channel to snappy dance competitions. Faced with dropping
ratings, the series was threatened with cancellation. So they gave it a happy
ending by settling at the end of the year in a cross-licensing deal, with a bit
of royalty to Kodak.
Posted by Patent Hawk at 4:23 PM | Litigation | Comments (0)
January 1, 2007
2007
Injunctive
relief, extraterritoriality, claim construction review, patent monetization,
prosecution ways and means, and getting drugged are patent events and trends to
watch for in 2007.
Posted by Patent Hawk at 1:07 PM | The Patent System | Comments (0)
2006
Measured
by complaints filed, patent litigation rose 2% year-to-year in 2006, continuing
a long-term trend (following a dip in 2005), with litigation up 11% in the past five
years.
Posted by Patent Hawk at 12:53 PM | Patents In Business | Comments (0)
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