426 results for 'nos:"Patent - Property Rights"'.
J. Edwards grants the ketchup bottle manufacturer's motion to compel discovery. The plastic packaging manufacturer alleged the ketchup bottle manufacturer infringed upon its "oxygen scavenging" technology, and the bottle manufacturer seeks information regarding the packaging manufacturer's testing process. By providing certain testing information in its complaint, the packaging manufacturer relied on its allegedly privileged material and the bottle manufacturer's substantial need for this information is presumed.
Court: USDC Western District of Kentucky, Judge: Edwards , Filed On: March 21, 2024, Case #: 3:23cv110, NOS: Patent - Property Rights, Categories: Patent, Discovery, Technology
J. Berton allows an electronic company to conduct limited venue discovery in a patent dispute before ruling on a motion from a competitor it sued to either dismiss this case or transfer it to the District of Delaware. Venue is a “threshold issue” here, because if this case is ultimately transferred, the arguments for dismissal would be best considered by the other court.
Court: USDC Western District of Texas , Judge: Berton, Filed On: March 20, 2024, Case #: 6:23cv726, NOS: Patent - Property Rights, Categories: Patent, Venue, Discovery
J. Jones grants the consumer relationships software manufacturer's motion for re-taxation of costs and $6.8 million in attorney fees. Although summary judgment was granted in favor of the manufacturer in this suit alleging that it infringed certain cyber patents, a subsequently discovered clerical error supports the manufacturer's motion. Also, because the patentee's continuing to litigate after claim construction ended any likelihood of prevailing on the merits, an award of attorney’s fees is warranted.
Court: USDC Nevada, Judge: Jones , Filed On: March 20, 2024, Case #: 3:13cv628, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees, Technology
[Consolidated.] J. Osteen defers consideration of a Silicon Carbide fabrication facility’s argument that its high-voltage power semiconductor patent claim term is indefinite at this stage, and so no claim construction can happen. The Purdue University Board of Trustees says construction of patent claim terms must proceed, but since the term is currently indefinite, consideration must be deferred.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 19, 2024, Case #: 1:21cv840, NOS: Patent - Property Rights, Categories: Education, Patent, Technology
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J. Winmill grants a seller's motion to compel discovery in a patent dispute involving the sale of a log-siding machine. The seller holds several patents covering the log-siding machine and the log-siding itself and alleges the buyer fabricated a set of discs for use with the machine which violate the seller's patents. The buyer is compelled to produce revenue information which the seller seeks.
Court: USDC Idaho, Judge: Winmill, Filed On: March 19, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Knapp denies, in part, the competitor's motion to compel discovery, ruling its requests for "all literature or other materials" related both to the patentholder's crossbows and any of its confidentiality agreements with third parties are overly broad and would pose an undue burden on the company.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: March 19, 2024, Case #: 5:23cv598, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Sannes rules in favor of Amazon on a patent infringement lawsuit alleging the technology in its Alexa voice-assistant devices infringe on Rensselaer Polytechnic Institute’s natural language processing technology, finding the school’s patent invalid on the basis that the underlying technology contain no inventive concept and is therefore not eligible for patent protection.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 18, 2024, Case #: 1:18cv549, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Kennelly dismisses Puma Biotechnology's claims against Astrazeneca Pharmaceuticals alleging that the competitor's drug Tagrisso infringes on Puma's patent. Puma lacks standing because its exclusive license does not apply to the relevant compound in Tagrisso. However, another drug maker, Wyeth LLC, holds enough exclusionary rights in the patent to establish an injury-in-fact for Article III purposes. All other summary judgment motions on invalidity, written description and non-infringement of Tagrisso fail on the bases of claim construction.
Court: USDC Delaware, Judge: Kennelly, Filed On: March 18, 2024, Case #: 1:21cv1338, NOS: Patent - Property Rights, Categories: Patent
J. Brown partially grants the manufacturer's and customer's motion to strike surplusage, irrelevant paragraphs and inappropriate arguments from the company's amended patent infringement counterclaims in a declaratory judgment action brought by the manufacturer. The manufacturer seeks a declaration that a pole for cleaning swimming pools does not infringe on the company's patents. Portions of the counterclaims describing the company's first pole patent application, discussing early communications between the parties and relating to allegations about the benefits of the company's patents are appropriate and will not be struck. The customer's motion to sever and stay the company's counterclaims against it is granted.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 11, 2024, Case #: 1:23cv790, NOS: Patent - Property Rights, Categories: Patent
J. Komitee declines to issue a preliminary injunction in a patent infringement lawsuit concerning competing municipal bus lane enforcement technologies. The competing companies had previously engaged in a bidding war over a contract with New York City’s Metropolitan Transit Authority to install its technologies on city buses, both of which detect and report traffic violations in bus lanes. The alleged patent holder fails to present enough evidence to conclusively show the competing company’s product infringes on its patents and further raises issues regarding the validity of its own patents.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 9, 2024, Case #: 1:23cv3471, NOS: Patent - Property Rights, Categories: Patent, Transportation
J. Ericksen grants the Christmas tree patent claimant's motion for pre- and post-judgment interest but declines to enhance the jury's royalty damages award. The claimant has not definitively shown that its competitor's infringement on its patent was egregious, and a 10% statutory interest rate is appropriate to apply for pre-judgment interest, while the post-judgment interest rate will be the average 1-year Treasury yield for the week preceding entry of judgment.
Court: USDC Minnesota, Judge: Ericksen, Filed On: March 8, 2024, Case #: 0:15cv3443, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Reiss denies a generic drug manufacturer's motion for summary judgment on its breach of contract claims against a drug developer over a licensing covenant for a transdermal rotigotine patch called Neupro. The covenant allows the developer to sue the generic manufacturer for infringement of new drug products developed after a specific date. Summary judgment on the generic manufacturer's request for a non-infringement declaration cannot be made until the covenant's meaning of "infringment analysis" is determined.
Court: USDC Vermont, Judge: Reiss, Filed On: March 8, 2024, Case #: 2:22cv216, NOS: Patent - Property Rights, Categories: Patent
J. Kocoras grants the University of California, Berkeley engineering department motion for summary judgment, and partially grants the sued data analytics platform’s motion for summary judgment, on the university’s claims that the defendant infringed on its patents for programs designed to calculate object level profitability. The court mostly finds in the university’s favor in the patent dispute, but finds in the platform’s favor on the university’s claim that the platform induced infringement by encouraging its customers to use the university’s programs.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: March 7, 2024, Case #: 1:17cv7472, NOS: Patent - Property Rights, Categories: Education, Patent
J. Alonso grants Johnson & Johnson’s motion for summary judgment, and denies the suing plastic container manufacturer’s motion for summary judgment, on the question of whether Johnson & Johnson’s “Ziploc Endurables” products infringe on the plaintiff’s own line of silicone food containers and the method for creating them. The court finds Ziploc Endurables infringe on neither patent.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: March 7, 2024, Case #: 1:22cv5028, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Estudillo sets definitions to terms in the software company's complaint alleging that Amazon infringed on 10 of the former's patents. The term "output manager software" and the disputed function terms are not subject to additional construction, because the software company identifies output manager software that can perform the functions identified in the disputed claim limitation, and thus an ordinary person could understand that output manager software has a sufficiently definite meaning as the name for structure.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 5, 2024, Case #: 2:21cv1055, NOS: Patent - Property Rights, Categories: Patent
J. Holcomb grants the consumer electronics company judgment on the pleadings regarding the technology company's complaint that the former's "Wi-Fi compatible" products infringe on the latter's patent entitled, "Method and Apparatus for Decoding Transmission Signals in a Wireless Communication System." The technology company's patent does not qualify as an inventive concept because the specification of the patent indicates that it is made of conventional methods and arithmetic averaging that was well understood when the technology company invented it.
Court: USDC Central District of California, Judge: Holcomb, Filed On: March 4, 2024, Case #: 8:22cv2310, NOS: Patent - Property Rights, Categories: Patent
J. Williams dismisses infringement counterclaims concerning patents related to solar energy rapid shutdown technology because the solar power company failed to plead the affirmative defense with particularity and failed to plead that the patent holder breached the contract by refusing to offer a license in lieu of litigation.
Court: USDC Delaware, Judge: Williams, Filed On: March 4, 2024, Case #: 1:22cv915, NOS: Patent - Property Rights, Categories: Licensing, Patent
J. Stadtmueller partially grants the range hood manufacturer's motion to compel discovery regarding jurisdiction in its lawsuit against the Hong Kong-based company it claims sold range hoods at Home Depot stores in the United States that infringe on two of its patents. Limited discovery is ordered regarding, among other things, the development, import and sale of the infringing range hoods in the United States, and the manufacturer's motion to stay briefing on the company's motion to dismiss is granted.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: March 1, 2024, Case #: 2:23cv393, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Major partly grants a fitness company's motion to compel a treadmill manufacturer to produce license agreements in this patent dispute. Because there is a question regarding the validity and applicability of a licensing and royalty agreement, the patents related to non-curved treadmills and their components are relevant and discoverable. However, the manufacturer is not entitled to the fitness company's profit and loss statements, as this is significant and sensitive financial information from a direct competitor.
Court: USDC Southern District of California, Judge: Major, Filed On: February 29, 2024, Case #: 3:22cv492, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Tunheim denies both the university and the cell phone companies' motions to exclude expert testimony in the university's suit alleging infringement on its patents for cellular data transmission technology. The companies' damages expert's report is not so speculative as to warrant exclusion, and her purported use of a report with undisclosed methodology as a single data point for her own evaluation is a factual dispute better suited as a subject for trial testimony. The university's damages expert's report, similarly, is not excludable because of his use of the companies' entire LTE and 5G wireless subscriber base to calculate a reasonable royalty, although the expert's failure to properly apportion the royalty base is "highly concerning." Questions about whether the expert should have accounted for the age of the patents in suit should be decided by the jury, and his choice of one of 200 licensing agreements as a comparison in his negotiation analysis, while also concerning, is adequately explained to avoid exclusion.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 28, 2024, Case #: 0:14cv4672, NOS: Patent - Property Rights, Categories: Patent, Experts
J. Kasubhai grants the software company's motion for attorney fees for remand proceedings relating to its complaint that the adhesive manufacturing company copied the protected design of the software company's patent for its serial number encoder. The adhesive manufacturing company's conduct during litigation makes this case exceptional, so fees are appropriate. The software company is also entitled to prejudgment interest of 9% to the $36 million damages portion of the initial final judgment.
Court: USDC Oregon, Judge: Kasubhai, Filed On: February 27, 2024, Case #: 6:17cv1685, NOS: Patent - Property Rights, Categories: Patent, Damages, Attorney Fees
J. Navarro grants the pet product manufacturer's motion to dismiss a competitor's declaratory judgment action asserting it did not infringe upon patents when the manufacturer submitted an Amazon Marketplace infringement claim. Amazon removed the accused products, though it has subsequently confirmed the products are again listed for sale. The covenant not to sue does not extend to any planned selling of new products but focuses only on the accused products. The complaint does not request a declaratory judgment as to anything other than the accused products, and there is no longer an actual controversy.
Court: USDC Nevada, Judge: Navarro , Filed On: February 27, 2024, Case #: 2:23cv483, NOS: Patent - Property Rights, Categories: Commerce, Patent
J. Fallon dismisses patent infringement claims concerning an air traffic control warning system for low fuel levels in airplanes because the inventor already sued Boeing for the same technology in 2021, and new evidence was not sufficient in claims alleging improper inventorship.
Court: USDC Delaware, Judge: Fallan, Filed On: February 26, 2024, Case #: 1:23cv317, NOS: Patent - Property Rights, Categories: Patent
J. Jarbou finds that U.S. Patent 11,348,491, a utility patent for a school bus sign, infringed a competitor's sign because an ordinary person would conclude the sign's lighting and framing were substantially similar to the competitor's work.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: February 23, 2024, Case #: 1:22cv915, NOS: Patent - Property Rights, Categories: Patent
J. Cole denies the Jeep hardtop cover patent holder's motion to expand the court's previous injunction, ruling the sale of two allegedly patent-infringing hardtops by the manufacturer the day the injunction was entered does not violate the order considering the time difference between this court's location in Cincinnati and Thailand, the location of the manufacturer. Meanwhile, the publication of an FAQ and assembly guide on the manufacturer's website does not constitute a violation of the injunction, which prohibits any advertising, because the documents have no promotional effect and cannot be considered marketing materials.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 23, 2024, Case #: 1:20cv918, NOS: Patent - Property Rights, Categories: Patent, Injunction