Claims are construed in communications patent

Claims are construed in communications patent

Claims are construed in communications patent

Patent claims held invalid due to nonstatutory double patenting

Boehringer Ingelheim Int’l GMBH, et al. v. Barr Laboratories, Inc., et al., No. 05-700-JJF, June 16, 2008.

Farnan, J.  After a bench trial, the Court issued findings of fact and conclusions of law.  The Court ruled that disputed claims were infringed, but that the claims at issue are invalid for nonstatutory double patenting.

Continue Reading...

Case is dismissed due to first-filed Texas action naming incorrect affiliate

Remy Inc., et al. v. CIF Licensing, et al., C.A. No. 06-785- (GMS/MPT), June 9, 2008.

Thynge, M.J.  Defendant’s motion to dismiss due to pending litigation first filed in Texas is granted.


Continue Reading...

Case is dismissed for lack of standing

McKesson Automation, Inc. v. Swisslogic Holding AG, et al., C.A. No. 06-28-(SLR-LPS), May 30, 2008.

Stark, M.J.  Magistrate recommends that defendants’ motion to dismiss be granted due to plaintiff’s lack of standing to sue.


Continue Reading...

Court denies cross-motions for summary judgment on claims for breach of settlement agreement

Non-party is sanctioned for vexatious conduct during discovery dispute

In re Intel Corp. Microprocessor Antitrust Litigation., C.A. No. 05-1717 JJF, May 14, 2008.

Farnan, J.  This Court adopts Special Master’s recommendation that non-party be sanctioned for vexatious litigation conduct during adjudication of discovery dispute.


Continue Reading...

Court lacks jurisdiction over interference appeal

Human Genome Sciences, Inc. v. Amgen, Inc. et al., C.A. No. 07-780 SLR, May 9, 2008.

Robinson, J.   Court grants defendants’ motion to dismiss for lack of subject matter jurisdiction under 35 U.S.C. § 146 where plaintiff seeks adverse judgment on appeal from concession on priority during interference process.


Continue Reading...

Court issues contempt order against defendant for failure to abide by injunction

Fisher-Price, Inc. v. Safety 1st, Inc., et al., C.A. No. 01-051 GMS (May 5, 2008).

Sleet, C.J.  Plaintiff’s motion for contempt of Court is granted in part; its post-trial motions for entry of final judgment, enhanced damages, attorneys fees and prejudgment interest are granted in part. Defendants’ motions for JMOL or a new trial as to willfulness and damages are denied

Continue Reading...