« May 2012 | Main | July 2012 »
June 26, 2012
Poof to Proof
In one of many patent battles
in the mobile phone war, Apple and Motorola squared off in Eastern
Illinois, with stellar law firms as representation, naturally. Judge
Posner dismissed the matter, finding that neither side had shown
damages. Quotes from that decision: "Apple argues last-minute that any
act of infringement, even if it gives rise to no measurable damages, is
an injury entitling it to a judgment... Any intimation that proof of
infringement is alone enough to warrant a remedial order was scotched
by the Supreme Court in eBay Inc. v. MercExchange, L.L.C.,...
'Going for broke' is the inescapable characterization of Motorola's
damages claim... Motorola has provided no evidence for calculating a
reasonable royalty... The problem is not that damages cannot be
calculated, but that on the eve of trial, with the record closed, it
became apparent that the parties had failed to make a responsible
calculation... Without an actual or prospective tangible injury, a
federal court has no subject-matter jurisdiction. It would be
ridiculous to dismiss a suit for failure to prove damages and allow the
plaintiff to refile the suit so that he could have a second chance to
prove damages. This case is therefore dismissed with prejudice."
Posted by Patent Hawk at 11:15 AM | Damages
June 22, 2012
Sticky Business
Wrigley sued Cadbury over its
menthol gum patent, 6,627,233.
Cadbury
counterclaimed with 5,009,893.
Wrigley was found not chewing into '593 (noninfringement). Then
Wrigley got hit a lick on its own mentholated stick. '233 was
found anticipated and obvious; judgment affirmed on appeal (CAFC 1201-1140,-1150;
precedential). In dissent, Judge Newman stepped on that sticky wad.
"The district court erred in holding the '233... obvious on only part
of the evidence, ignoring the evidence that supports unobviousness...
The district court also granted summary judgment of invalidity on the
ground of anticipation, not relying on any reference cited for
obviousness, but relying on a different reference that does not show
the claimed combination at all, but merely presents the ingredients on
lists." Rule of law is gummed up at the CAFC (and in courts across the country). Chew on that.
Posted by Patent Hawk at 4:33 PM | Prior Art
June 10, 2012
Cite Not Right
Two sets of inventors at interference odds before the PTO got the CAFC to rule that patent prosecutors have to write legibly, at least as far as citing antecedent applications when filing continuations. In Harari v. Hollmer (CAFC 2011-1276), overruling PTO willingness to let the slop slide, careless prosecutor citation downed the continuation.
Posted by Patent Hawk at 11:46 AM | Prosecution
June 3, 2012
Meat Packing
Marcus and Neil Mintz invented a
sausage claimed in 5,413,148.
Distributor-turned-competitor PCM smartly filed a DJ and smoked Mintz's
meat over a short order cooking of summary judgement non-infringement
and invalidity. On appeal, the CAFC decided it was time for a new
sketch of Obzilla.