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Patent Lawyer Blog

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AT&T, Apple and Other Defendants Win Motion to Dismiss Claims of Indirect Infringement Even Though Claims Satisfied Form 18

Garnet Digital sued AT&T, Apple and several other defendants for patent infringement and included a claim for indirect infringement. Garnet Digital accused all of the defendants of infringing U.S. Patent No. 5,379,421, which is entitled “Interactive Terminal for the Access of Remote Database Information.” Garnet Digital made the same allegation…

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Promega Wins $50 Million Jury Verdict — and the Court Takes It Away Because Promega Did Not Show That Infringing Products Were Made or Sold in the United States or Imported into the United States

Plaintiff Promega Corporation (“Promega”) filed an action against Life Technologies Corporation, Applied Biosystems, LLC and Invitrogen IP Holdings, Inc. for infringing and inducing infringement of five patents pertaining to copying of sequences of a DNA strand. In a previous licensing agreement, Life Technologies and Applied Biosystems were permitted to sell…

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Apple v. Samsung: Preliminary Injunction Stays in Effect Despite Jury Verdict Finding of Non-Infringement of Galaxy Tab 10.1

Before the patent trial between Apple and Samsung began, the district court issued a preliminary injunction against Samsung from making, using, offering to sell, or selling within the United States, or importing into the United States, Samsung’s Galaxy Tab 10.1 tablet computer. This preliminary injunction issued based on a finding…

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Recommendation to Grant Summary Judgment in Favor of Fox and Other Studio Defendants Where Studios Were Selling Products That Incorporated a Process from a Domestic Manufacturer

Patent Harbor filed a patent infringement action against Twentieth Century Fox Home Entertainment (“Fox”) and other studios, such as The Weinstein Company LLC, Warner Bros. Entertainment Inc., Home Box Office, Inc., and Buena Vista Home Entertainment, Inc. (collectively the “Studio Defendants”). The Studio Defendants allegedly infringed the patent by the…

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Federal Circuit Holds That Party Seeking Declaratory Judgment of Non-Infringement Bears the Burden to Prove Non-Infringement

The U.S. Court of Appeals for the Federal Circuit vacated and remanded a Delaware court’s finding that Medtronic Inc. did not infringe Boston Scientific patents relating to cardiac rhythm therapy (CRT) devices known as implantable cardioverter defibrillators (ICDs). Medtronic, Inc. v. Boston Scientific Corp., No. 2011-1313 (Fed. Cir. September 18,…

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ESPN Loses Affirmative Defenses and Invalidity Counterclaim on Motion to Dismiss But Court Recognizes Unfairness in Allowing “Bare-Bones” Infringement Complaint While Prohibiting Defendants from Pleading Affirmative Defenses with Brevity

PageMelding filed a patent infringement action against ESPN asserting a patent that enables internet service and content providers to form mutually beneficial collaborations where website content is customized in accordance with those collaborations. PageMelding asserted that examples of infringement include, but are not limited to, ESPN3 and WatchESPN websites. After…

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Court Strikes Demand for Jury Trial Where Claims at Issue Focused Solely on Validity of Patents

Plaintiff Abbott Laboratories and Abbott Biotechnology Limited (“Abbott”) filed a declaratory judgment action that defendant’s patent was invalid. After the defendant demand a jury trial, Abbott moved to strike the defendant’s demand for a jury trial on the issue of patent validity. As the district court explained, “[t]he parties agree…

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Motion to Dismiss Patent Infringement Complaint Granted Where Complaint Used the Phrase “At Least” to Claim More Than Products Identified in Complaint

Radiation Stabilization Solutions (“RSS”) filed a patent infringement action against Varian Medical Systems, Inc. (“Varian”) and several hospitals. The hospitals moved to dismiss the complaint on the ground that the allegations were inadequate under Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662…

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Counterclaim for Invalidity Dismissed Even Though It Complied with Form 18 Because It Contained Conclusory Allegations

Plaintiff Wisconsin Technology Venture Group, LLC (“Wisconsin Technology”) contended that Fatwallet, Inc. (“Fatwallet”) infringed its patent pertaining to Internet technology. Fatwallet filed several affirmative defenses, as well as counterclaims for invalidity and non-infringement of the patent-in-suit. Wisconsin Technology moved to dismiss the counterclaims under Fed.R.Civ.P. 12(b)(6) for defendant’s failure to…

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Imperium v. Apple: Seventy-Four Products Added Against Apple on Motion for Leave to Amend Infringement Contentions Even Though Trial Set for April 2013

Plaintiff Imperium (IP) Holdings, Inc. (“Imperium”) filed a patent infringement action accusing eight defendants of infringing several patents. With respect to Apple, Imperium asserted that Apple infringed all of the patents-in-suit and listed the iPhone 3G, specifically. Imperium subsequently provided detailed claim charts setting forth Imperium’s theory of infringement in…

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