20 results for 'cat:"Patent" AND cat:"Contract"'.
J. Prost finds that the district court improperly dismissed patent claims for lack of standing because the company retained an interest in the patent through the security agreement. Reversed.
Court: Federal Circuit, Judge: Prost, Filed On: May 1, 2024, Case #: 2022-2207, Categories: patent, contract
J. Kobick grants a restaurant management software company’s motion to stay a patent infringement and breach of contract action brought against it by a paydata management software company pending review of the relevant patent by the Patent Trial and Appeal Board. The board recently began the review of that patent.
Court: USDC Massachusetts, Judge: Kobick, Filed On: April 24, 2024, Case #: 1:22cv11539, NOS: Patent - Property Rights, Categories: patent, contract
J. Jordan grants summary judgment to the defendant business entities in a telematics systems developer's suit alleging breach of contract and patent infringement claims over the alleged misuse of its intellectual property. The court lacks personal jurisdiction over the German-based entity, and the claims against the other entity are barred by a settlement and patent license agreement between the developer and the entities' parent company.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 28, 2024, Case #: 4:22cv808, NOS: Other Contract - Contract, Categories: Licensing, patent, contract
J. Barker grants, in part, the patentholder's motion for attorney fees, ruling that while its success in the levy of sanctions against the competitor entitles it to reasonable fees for the outside counsel hired to litigate the sanctions, it is not entitled to fees for the work spent in crafting its reply to the opposition motion filed by the competitor; therefore, the patentholder is awarded $43,000 in fees.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: March 15, 2024, Case #: 1:21cv662, NOS: Other Contract - Contract, Categories: patent, Attorney Fees, contract
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[Consolidated.] J. Belsome finds that the trial court should not have denied a patent owner's motion for contempt against the patent manufacturer. In this case, there are differing expert opinions as to whether the parties' consent judgment and the licensing agreement was clear regarding the military procurement technology terminology, and regarding the ability of a third party to create the patented device reliably from the drawings provided by the patent manufacturer. Reversed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: February 26, 2024, Case #: 2023-CA-0554, Categories: Contempt, patent, contract
J. Robart awards the steel framing manufacturer $594,500 in attorney fees and $135,600 in costs, and awards Clarkwestern Dietrich Building Systems LLC $766,600 in attorney fees and $48,500 in costs, for the steel framing manufacturer's complaint that the company founder and others violated a patent order by infringing on the steel framing manufacturer's products.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 21, 2023, Case #: 2:18cv659, NOS: Other Contract - Contract, Categories: patent, Attorney Fees, contract
J. Frank rules in favor of the manufacturer in a trade secret misappropriation and breach of contract action brought by the company alleging that the manufacturer used the company's proprietary designs and information to develop and design two cell-culture products. The evidence at trial showed that the manufacturer's inventors designed and developed the products independently, without using any of the company's confidential information. The design of the manufacturer's products is fundamentally different from the company's concepts. The company's state law claims are untimely and its eight-year delay in bringing the action against the manufacturer was unreasonable. The delay caused a loss of documentary evidence, including emails, documents and recordings, that prejudiced the manufacturer.
Court: USDC Minnesota, Judge: Frank, Filed On: September 25, 2023, Case #: 0:13cv210, NOS: Patent - Property Rights, Categories: patent, Trade Secrets, contract
J. Sargus denies the decorative metal products company's motion to dismiss, ruling the contract claim related to the technology company's confidential information is plausible. The nondisclosure agreement between the parties did not allow for public disclosure of the metal stamping technology, such as that included in the metal company's patent application, but allowed only for transfer of such information between the two parties.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: September 15, 2023, Case #: 2:22cv3433, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: patent, Trade Secrets, contract
J. Peterson finds partially in favor of the third-party manufacturers in the lighting corporation's lawsuit against the home improvement retail company for selling products that allegedly violate the corporation's patents for LED lighting systems. One manufacturer's motion to dismiss the company's third-party claims against it seeking indemnity for its role manufacturing the products that infringe on the corporation's patents is granted, as it has a valid arbitration clause in its contract with the company. The corporation's motions to dismiss four other third-party manufacturers' counterclaims and affirmative defenses are granted in part, including as to dismiss one of the manufacturer's invalidity claims on some of the patent infringement allegations. The corporation's motion to sever the company's claims against the third-party manufacturers is denied.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: August 31, 2023, Case #: 3:22cv706, NOS: Patent - Property Rights, Categories: patent, contract
J. Foster finds a lower court properly dismissed a geological engineer's claims that the Arizona State Land Department wrongfully denied his request for a mineral exploration permit. The geological engineer argued that the land department failed to timely send written notice of its denial of applications. However, the land department provided sufficient evidence in court that the denial was based on the surface owner's exercise of first right of refusal. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: August 31, 2023, Case #: 1 CA-CV 22-555, Categories: Administrative Law, patent, contract
J. Bashant grants the company's motion to compel arbitration of the software developer's claim for correction of patent inventorship related to patents he says he helped create while employed by the company. While the company and its owners knew of their existing right to arbitrate under the parties' agreement and did not immediately act on those rights, they did not act inconsistently with their known right to arbitrate. The developer fails to meet his burden to show that defendants waived their right to arbitration.
Court: USDC Southern District of California, Judge: Bashant, Filed On: July 18, 2023, Case #: 3:21cv1450, NOS: Patent - Property Rights, Categories: Arbitration, patent, contract
J. Hicks grants the gold mining company’s motion to dismiss the counterclaim arising from its claim for contractual royalties owed by the counterclaimant company for its alleged use of licensed patents. The counterclaim for patent misuse fails as it was not brought in a patent infringement action. The gold mining company does not assert a patent infringement claim, but for breach of contract. The counterclaimant can also not unilaterally terminate the license agreement for non-use, being that the assignment includes additional intellectual property for which royalties would still be owed.
Court: USDC Nevada, Judge: Hicks, Filed On: July 7, 2023, Case #: 3:22cv415, NOS: Other Contract - Contract, Categories: patent, Business Expectancy, contract
J. Melgren rules a patent holder of a vehicle cabin temperature regulator may pursue violations of covenant of good faith and fair dealing against a patent licensee. The patent holder sufficiently showed in court that the licensee refuses to provide royalty statements for auditing.
Court: USDC Kansas, Judge: Melgren, Filed On: June 28, 2023, Case #: 2:22cv2043, NOS: Other Contract - Contract, Categories: patent, contract
J. Peterson finds in favor of the patent holder in his lawsuit alleging the medical supply company breached a settlement agreement from his previous patent infringement suit by ceasing paying him royalties from the sale of certain medical products covered by his patent. Even in light of a claim construction of the patent in a recent federal circuit court decision, the settlement agreement requires the company to pay the disputed royalties, and the company's unreasonable interpretation allowing it to avoid paying and revive litigation would undermine the central, unambiguous purpose of the agreement. The patent holder's motion for judgment on the pleadings as to the company's liability is granted, the company is ordered to pay him $498,178 in withheld royalties and the parties are ordered to bring filings arguing whether he is entitled to prejudgment interest.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 27, 2023, Case #: 3:22cv381, NOS: Other Contract - Contract, Categories: patent, Settlements, contract
J. Melgren rules a patent holder may pursue good faith and fair dealing claims against a licensee of a system that extends the life of truck engines. The patent holder sufficiently showed that the licensee failed to cooperate in an audit process after failing to provide royalty statements.
Court: USDC Kansas, Judge: Melgren, Filed On: May 15, 2023, Case #: 2:22cv2043, NOS: Other Contract - Contract, Categories: patent, contract