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November 29, 2010
Lay That Burden Down
The
black-robed toads who feel beholden to uphold the powers that be are taking it
upon themselves to look at a more open season for patent killing. i4i squeezed a
$290 million jury award from Microsoft for a feature in Word that few users knew existed, let alone use: customizing XML using metacodes (which,
technically, is like herding cooties). The CAFC affirmed willful infringement,
enhanced damages, permanent injunctive relief, and validity. Meanwhile, the
patent office confirmed i4i's claims as valid over Microsoft-cited reexam prior
art. The high court must scrutinize a system that is clearly broken: something
is terribly wrong when some pip-squeak inventor or puny entity can extort money
from mega-corporations raking in obscene cash flow, and have minion courts and
bureaucrats let it slip by.
Continue reading "Lay That Burden Down"
Posted by Patent Hawk at 2:40 PM | Prior Art | Comments (20)
November 25, 2010
No Charge
A123
System filed a declaratory judgment action in Massachusetts against Hydro-Quebec
(HQ), who had a license for two lithium battery patents owned by the University
of Texas (UT). The district court dismissed the suit because "UT had transferred
to HQ less than all substantial rights in the patents in suit, granting HQ only
an exclusive field-of-use license."
Posted by Patent Hawk at 10:38 PM | Standing | Comments (11)
November 14, 2010
Jurisdictional Nuance
Nuance
sued competitor Abbyy over its OCR scanning software patents. Finding out who
the US subsidiary of Abbyy was owned by, Nuance amended its complaint to target
the parent company in Cyprus, and the Russian subsidiary of
Abbyy. Nuance served them both. Abbyy motioned to dismiss for lack of personal
jurisdiction, and improper service of the foreign companies. The district court
judge pitched the case over personal jurisdiction, as well as the service spat,
including sua sponte determining that Nuance hadn't even properly served
the US Abbyy. The judge also stopped further discovery. There was no nuance to
reversal on appeal: it was loud and clear.
Continue reading "Jurisdictional Nuance"
Posted by Patent Hawk at 10:09 PM | Case Law | Comments (1)
November 12, 2010
Pained
"Abraxis markets the drug Naropin® as a local or regional
anesthetic indicated for use in surgery and for acute pain management."
4,870,086,
5,670,524, and
5,834,489 apply. So when Navinta filed an ANDA to make
a generic version of Naropin®, Abraxis was pained, and sued for
infringement. These three patent had changed hands, including an acknowledged
"break in the chain of title." But Abraxis thought the patents were theirs, even
though patent transfer "confirmation" took place eight months after Abraxis
filed suit. Navinta filed a motion to dismiss for lack of standing, both because
of a Hatch-Waxman Act technicality, and because Abraxis didn't own the asserted
patents when the complaint was filed. The district court allowed Abraxis to
amend its complaint to overcome the technicality. The district court waived away
the ownership problem because the intent implied a nunc pro tunc
assignment based on corporate relationship. Nunc pro tunc is Latin for
"corporate friend with benefits."
Posted by Patent Hawk at 7:06 PM | Standing
November 9, 2010
Prosecution Cancer
The
application that led to
5,260,291 took 13 years to allowance. Prosecutors twiddled by ignoring
office actions and filing continuations. Nine years into it, ownership changed
hands, where, for the first time, the prosecutor argued against examiner's
rejection on lack of utility, relying upon animal tests for the claimed cancer
treatment. '291 issued in November 1993. From there the cancer spread.
Continue reading "Prosecution Cancer"
Posted by Patent Hawk at 3:09 PM | Prosecution | Comments (11)
November 5, 2010
Secured
Talk about a plaintiff's dream. Finjin sued Secure Computing and Webwasher
for infringing anti-malware scanning software patents
6,092,194;
6,804,780; and
7,058,822. Defendants counterclaimed
6,357,010 and
7,185,361. "A jury found that
none of the patents was invalid, that Finjan did not infringe Defendants'
patents, and that Defendants willfully infringed all asserted claims of Finjan's
patents. The district court awarded damages to Finjan, enhanced the award under
35 U.S.C. § 284, and imposed a permanent injunction against Defendants." Appeal
only slightly tarnished the victory.
Posted by Patent Hawk at 12:38 PM | Claim Construction | Comments (12)
November 2, 2010
Asthmatic Injunction
AstraZeneca sought and got a preliminary injunction against Apotex,
which was hankering
to launch a generic version of the asthma drug
Pulmicort. Apotex did manage
to invalidate "kit" claims of asserted
6,598,603 and
6,899,099. Appeal left things as at district court, with dissent on the
injunction, owing to a different take on validity.
Continue reading "Asthmatic Injunction"
Posted by Patent Hawk at 12:40 AM | Injunction | Comments (2)
November 1, 2010
Go Ahead, Make My Day
Patent
Hawk's bread-and-butter business is invalidating patents. The smart-phone
patent slugfest among Microsoft, Motorola, Apple, Nokia, Google, HTC, Kodak, RIM
and others puts the party hat on Patent Hawk. It also puts the dunce cap on the
short-sighted heads of those companies who think that patent wars are good for
business. Somebody is bound to get hurt. While patent litigators win fat fees, companies have risked much more than market share - the prospect of billion dollar payouts, and patent war without end, especially for the desperate, is quite real. The airplane patent
wars at the beginning of the 20th century, with the Wright brothers in the thick
of it, were grounded only by the first world war.
Posted by Patent Hawk at 2:28 PM | Patents In Business | Comments (2)