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Patent Law

Philip Brooks’ Patent Infringement Updates Philip Brooks’ Patent Infringement Updates

Patent litigation and related news.
By Philip Brooks

Post Frequency: 4.3/day

Last Entry: May 24, 2010 at 12:52:16

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Reminder - 2nd Annual Pharmaceutical Congress on Paragraph IV Disputes

Posted on September 29, 2009
As a follow-up to my June 18, 2009 post, the above-titled conference will take place on October 22-23, 2009 in Philadelphia, PA and promises to help attendees effectively navigate regulations, case law, reverse payment issues and enforcement trends. The majority...


Intellectual Property Law and Litigation: Practical and Irreverent Insights

Posted on September 28, 2009
The above-titled book edited by Edward F. O'Connor is available from the American Bar Association This irreverent but amusing and informative book is a combination of actual courtroom experiences as well as discussion of intellectual property law and litigation principles...


Patent Logic in Lucent Case May Benefit Microsoft in its Word Appeal

Posted on September 25, 2009
The following is excerpted from an article by Scott M. Fulton, III published in Betanews on September 24, 2009: Two weeks ago, the Federal Circuit Appeals court struck down a huge jury verdict against Microsoft, on the basis that the...


Antitrust and Intellectual Property: Recent Developments in the Pharmaceuticals Sector

Posted on September 24, 2009
The following September 24th, 2009 article by Aidan Synnott and William Michael of Paul, Weiss is published at GCP (Global Competition Policy): During his campaign for the Presidency, then-Senator Barack Obama promised that he would direct his administration to ?reinvigorate...


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Cook Incorporated Wins Patent Infringement Appeal Filed By Edwards Lifesciences

Posted on September 23, 2009
The following is excerpted from a September 23, 2009 Cook Medical press release published at Business Wire: The United States Court of Appeals for the Federal Circuit today affirmed the previous ruling of the United States District Court for the...


General Patent Corporation Settles Patent Infringement Lawsuit Between ShopNTown and Landmark Media

Posted on September 22, 2009
The following is excerpted from a September 22, 2009 GPC press release: General Patent Corporation (GPC), a leading patent licensing and enforcement firm, has announced today on behalf of its client, ShopNTown, LLC, that a settlement has been reached in...


How Korean Industries Should Prepare for Patent Troll Attacks

Posted on September 21, 2009
The following is excerpted from the above-titled article by Moon Kim in the September 21, 2009 issue of Korea IT Times: When Worlds.com filed a patent for its invention of a system and method for enabling users to interact in...


Vacating $357 Million Award, Federal Circuit Addresses Key Patent Damages Issue

Posted on September 18, 2009
I received the following Morgan Lewis intellectual property lawflash yesterday, September 17, 2009: On September 11, the U.S. Court of Appeals for the Federal Circuit vacated Lucent?s $357 million patent infringement award against Microsoft. Lucent Technologies, Inc...


Daubert Challenges Of Financial Experts: Keys To Offering & Defending

Posted on September 17, 2009
National Constitution Center is hosting the above-titled audio conference on October 14, 2009. The speaker for the program is Clifton Hutchinson, a partner in the Dallas office of at K&L Gates, where he specializes in complex litigation and scientific expert...


MMP Portfolio? Prevails After Multiple Reexams

Posted on September 16, 2009
Business Wire published an Alliacense press release today, September 16, 2009. The following is an excerpt from that release: Alliacense announced today that the USPTO has affirmed the validity of US?336, the most widely recognized patent in the MMP Portfolio?...


Appeals Court Affirms Patent Infringement Rulings Against Roche's peg-EPO Product

Posted on September 16, 2009
The following is excerpted from a September 16, 2009 article at World Pharma News: Amgen (Nasdaq: AMGN) has announced that the Court of Appeals for the Federal Circuit affirmed the Massachusetts District Court's decision that Roche's peg-EPO product, Mircera, infringes...


Intel v. Wi-LAN

Posted on September 15, 2009
Wi-LAN provided the following September 4, 2009 litigation update on the above patent infringement case in the Northern District of California: Intel files its Opposition to Wi-LAN?s Motion for Certification of Interlocutory Appeal of the June 4, 2009 Order of...


Microsoft Sale Of Linux Patents Roils Open Sourcers

Posted on September 14, 2009
The following is excerpted from a September 11, 2009 InformationWeek article by Charles Babcock: Microsoft (NSDQ: MSFT) put 22 patents up for sale in July, listing them all as in the "open source" category, with some of them, "Linux-focused." The...


Fresenius Med. Care Holdings, Inc. v. Baxter Int?l, Inc.

Posted on September 11, 2009
The following is excerpted from a Dewey & LeBoeuf IP Watch regarding Nos. 08-1306, -1331, Fed. Cir. (Newman, Gajarsa,* Dyk): Just as a patentee who seeks to prove infringement must provide a structural analysis by demonstrating that the accused device...


Martek, Capsugel Settle Patent Lawsuit

Posted on September 10, 2009
The following is from a September 10, 2009 item at Natural Products Insider: Martek Biosciences Corp. announced the resolution of a patent infringement lawsuit filed in the High Court of Strasbourg, France, against Capsugel France. As a result of the...


California State Court Follows Federal Circuit?s Lead ? ?Reverse Payments? Do Not Violate Antitrust Laws

Posted on September 09, 2009
The following news item was posted on September 8, 2009 by Douglas "Doug" D. Salyers, Diane J. Romza-Kutz, and Albert Jacobs, Jr. of Troutman Sanders: In what appears to be a case of first impression in the State of California,...


Cognex Receives Settlement in Patent Dispute

Posted on September 08, 2009
The following is excerpted from a September 8, 2009 Cognex press release available at Business Wire: Cognex Corporation (NASDAQ:CGNX) has accepted a settlement offer from Multitest Elektronische Systeme GmbH and its U.S. subsidiary in a dispute concerning Multitest?s importation and...


Court Orders Dish To Pay TiVo $200 Million In Patent Case

Posted on September 06, 2009
The following is excerpted from a September 4, 2009 article by Todd Spangler at Multichannel News: A Texas federal judge on Friday ordered Dish Network to pay about $200 million in damages and contempt sanctions to TiVo, finding that the...


Microsoft Says i4i Victory Requires Time to Redesign Word Office

Posted on September 04, 2009
The following McLean Watson press release was published at PR Newswire on September 4, 2009: In i4i vs. Microsoft, the Federal Circuit Court of Appeal has granted a stay of i4i's injunction against Microsoft Word pending appeal. Loudon Owen, Chairman...


Ten Ways That Attorneys Kill Their Experts

Posted on September 03, 2009
The American Bar Association Section of Family Law and the Center for Continuing Legal Education are sponsoring this teleconference and live audio webcast on September 16, 2009. Program Description Expert testimony is often a key component of evidence at trial...


Cooley Brings On IP Trio From White & Case

Posted on September 01, 2009
The following is excerpted from an article by Zusha Elinson appearing in the September 1, 2009 issue of The Recorder: After losing a number of key partners in recent weeks, Cooley Godward Kronish is picking up three IP litigators from...


Fence Posts or Sign Posts? Rethinking Patent Claim Construction

Posted on August 31, 2009
The following is excerpted from the above-titled article by Dan L. Burk & Mark A. Lemley from the July 2009 issue (Vol. 157, No. 6) of the University of Pennsylvania Law Review: Patents are, in theory, a legal right to...


Twenty-One Day Safe Harbor Applies To Rule 11?No Matter What

Posted on August 28, 2009
The following article by Leigh J. Martinson is excerpted from McDermott Will & Emery's August 2009 IP Update (Vol. 12, No. 8): The U.S. Court of Appeals for the Federal Circuit confirmed that the service and filing of a motion...


TiVo Sues AT&T, Verizon Over DVR Patents

Posted on August 27, 2009
The following was posted by Larry Dignan at ZDNet's Between the Lines yesterday, August 26, 2009: TiVo said Wednesday that it is suing AT&T and Verizon over three DVR patents. The complaints seek damages and a permanent injunction. Simply put,...


ABA Kicks Off Legal Rebels Project

Posted on August 26, 2009
Yesterday, August 25, 2009, Edward A. Adams wrote: Our Legal Rebels project?profiling 50 of the profession?s leading innovators?gets under way today. (Learn more about why we launched the project and what we hope to accomplish at www.LegalRebels.com/about...


Krippelz v. Ford Motor Co. Willful Infringement Damages Decision Due Shortly

Posted on August 26, 2009
Jake Krippelz, VP of US operations for Jakes Inc. says "the enhancement ruling...will be happening soon." The following is excerpted from a December 24, 2008 Vcorp blog post: Patent lawsuits sometimes take years to become resolved, however very few of...


Time for Fairness in Calculating Infringement Damages

Posted on August 25, 2009
The following is excerpted from the August 24, 2009 post at the Coaltion for Patent Fairness' better mouse trap blog: The rise in litigation can be attributed to two factors: first, the U.S. Patent and Trademark Office is processing patent...


TechNet Patents Forum

Posted on August 24, 2009
World Research Group is hosting the TechNet Patents Forum, the premiere intellectual property conference focused on practical, proven methods for driving ROI by transitioning in-house patent teams- from technology, internet, and software companies- from legal bodies to business units...


Chinese Companies Getting Savvy to the Power of US Patents

Posted on August 21, 2009
From General Patent Corporation's Wealth of Ideas August 2009 newsletter: ...Chinese manufacturers are beginning to turn from imitation to innovation. They?re applying for United States patents in droves ? and, in an interesting twist, they?re starting to sue each other...


No Discovery is Appropriate in Addressing Coverage for Intellectual Property Disputes

Posted on August 20, 2009
I just received my print issue of the July/August 2009 issue of Coverage (newsletter of the Committee on Insurance Coverage Litigation of the Section of Litigation of the American Bar Association). The above-titled article by David A. Gauntlett includes the...


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