NEW Federal Circuit Feed From PATracer
Posted on | March 9, 2010 | No Comments
One of our new features here at PATracer is PATalert, which alerts you to newly announced opinions and decisions from the Federal Circuit. PATalerts are listed on the site (to the right), and you can subscribe to get an RSS feed or daily email. You can subscribe anywhere on PATracer that you see the black RSS feed icon 
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Mailings Are Not “Offers For Sale” And Don’t Trigger Jurisdiction
Posted on | March 12, 2010 | 3 Comments
2010-1158 Dustcap Products v. J&S Fabrication
D/MN 09-cv-1179
Judge Ann Montgomery
Patentee/plaintiff Dustcap appeals to the Federal Circuit from the order of Judge Ann Montgomery dismissing its action for lack of personal jurisdiction. J&S is incorporated and located in Pennsylvania, the case brought in Minnesota. The case involved 6,874,541, generally directed to a slip cover for protecting HVAC components during installation and construction.
Having Won Appeal, Pitt Appeals Again
Posted on | March 8, 2010 | No Comments
2010-1155 Univ. of Pittsburgh v. Varian
WD/PA 07-cv-0491
Judge Arthur Schwab
Pitt appeals from the order of Judge Schwab dismissing its complaint without prejudice instead of allowing it to file an amended complaint alleging its standing to sue. The case was just back to the district court after the Federal Circuit ruled for Pitt in 2008-1441 that the district court erred in dismissing with prejudice. You can read our coverage of Judge Schwab’s earlier decision, and Dennis Crouch at Patently-O covered the first CAFC decision here.
Underlying both dismissals is the fact that Pitt was not the sole owner of the patent when it first filed the complaint, but a co-owner with Carnegie-Mellon. Because Carnegie-Mellon was not a party, the action violated the rule that all co-owners of the patent must join in the suit. Isr. Bio-Eng’g Project v. Amgen Inc., 475 F.3d 1256, 1264–65 (Fed. Cir. 2007). Since then, however, Pitt acquired Carnegie-Mellon’s interest and is now the sole owner.
Appealing A Stay Pending Reexamination II
Posted on | March 6, 2010 | 14 Comments
2010-1155 Sorensen v. Spectrum Brands
SD/CA 09-cv-0058
Judge Barry Ted Moskowitz
Pantentee Sorensen again attempts to appeal from the Order of Judge Barry Moskowitz granting defendants’ motion to stay the case pending reexamination of patent no. 4,935,184. This is the same plaintiff, patent, judge, and subject as on appeal in 2010-1142. Defendant in the 2010-1142 action have moved to dismiss the appeal for lack of jurisdiction, but no decision as of yet.
Sometimes A Cigar Is Just A Cigar
Posted on | March 4, 2010 | 2 Comments
2010-1151 Taylor Brands v. GB II Corp
ED/TN 08-cv-325
Mag. Judge Dennis Inman
Patentee Taylor appeals from the order of Judge Dennis Inman granting GB II summary judgment of non-infringement. The case involves U.S. Patent No. 6,651,344 which is generally directed to a spring assisted opening knife. At issue was the claim term “a set block situated at one side of the said blade” and whether the accused knife’s lack of a side set block could infringe.
PATracer v 2.0
Posted on | March 1, 2010 | 1 Comment
We have moved from Typepad over to Wordpress, and in the process remodelled and added some new features and content. The domain name, RSS feeds and email alerts should have automatically updated, so you shouldn’t need to reset or update any bookmarks, feeds etc. Some of the permalinks to the old site may not work anymore (and we have lost many of our images), but all of the posts and documents have been copied over, so that material is still available.
We will be tweaking the site for a while, but Wordpress @ Blue Host offers more options, flexibility and features, so we are looking forward to improving the site and rolling out some new features and content.
Thanks.
-Kyle, Josh and Nick
Forgery And Litigation Misconduct Doom Patent, Trigger Sanctions
Posted on | February 17, 2010 | No Comments
2010-1149 Applied Materials v. Multimetrixs
ND/CA 06-cv-7372
Judge Marilyn Hall Patel
Defendants appeal from the orders of Judge Patel finding their patent, 6,831,287 unenforceable due to inequitable conduct before the PTO and then sanctioning them under § 285 and inherent powers. The ‘287 patent relates to a dual sensor design for vapor deposition processing of silicon wafers.
Court Rejects “Repair” Defense, Presumes Irreparable Harm For Preliminary Injunction
Posted on | February 16, 2010 | 3 Comments
2010-1146 BorgWarner v. Dorman Products
ED/MI 09-cv-11602
Judge John Corbett O’Meara
Dorman appeals from the preliminary injunction order entered against it by Judge O’Meara stopping sales of its regenerative air pumps, used in automobile emission controls systems, as a likely infringement of BorgWarner’s 5,527,149 and 6,422,808 patents.
The court’s rejection of the “permissible repair” defense and its use of a presumption of irreparable harm are the substantive highlights of this case.
And On The 15th Day It Was Too Late
Posted on | February 11, 2010 | No Comments
2010-1143 Juniper Networks v. GraphOn Corp.
ED/VA 09-cv-287
Judge Gerald Bruce Lee
Defendants GraphOn et al appeal from the order of Judge Gerald Bruce Lee striking their motion for attorneys’ fees under § 285 for being late: the motion was filed on December 10, 2009—15 days after the Clerk entered the order of dismissal.
Appealing A Stay Pending Reexamination?
Posted on | February 10, 2010 | 5 Comments
2010-1142 Sorensen v. Dorman Products
SD/CA 09-cv-1579
Judge Barry Ted Moskowitz
Pantentee Sorensen (sometimes also spelled “Sorenson”) attempts to appeal from the Order of Judge Barry Moskowitz granting defendants’ motion to stay the case pending reexamination of patent no. 4,935,184. The Court did deny defendants’ motions to dismiss or to transfer in favor of the first-filed declaratory judgment action in the Eastern District of Pennsylvania.
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Introducing PATalert from PATracer
PATalerts: Recent CAFC Opinions
- Schoenrogge v. Dept. of Justice
2010/7/14 : Docket 10-3100 : Non-precedential : MSPB - Rutherford Controls Int'l Corp. v. Vanguard Security Engineering Corp., Ltd.
2010/7/14 : Docket 10-1113 : Non-precedential : DCT - Barela v. Merit Systems Protection Board
2010/7/13 : Docket 10-3048 : Non-precedential : MSPB - Phang v. U.S.
2010/7/13 : Docket 09-5118 : Non-precedential : CFC - Outdoor Kids, Inc. v. Parris Manufacutring Co., Inc.
2010/7/9 : Docket 09-1405 : Non-precedential : PTO - Robacker v. Dept. of Agriculture
2010/7/9 : Docket 09-3289 : Non-precedential : MSPB - Subbaraya v. Merit Systems Protection Board
2010/7/9 : Docket 10-3087 : Non-precedential : MSPB - Jumah v. U.S.
2010/7/9 : Docket 10-5076 : Non-precedential : CFC - Atser Research Technologies, Inc. v. Raba-Kistner Consultants, Inc.
2010/7/8 : Docket 10-1088 : Non-precedential : DCT - Kennington v. Merit Systems Protection Board
2010/7/8 : Docket 10-3045 : Non-precedential : MSPB
