Justia Patents Opinion Summaries
Articles Posted in Intellectual Property
Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., Inc.
The technology involves prosthetic vascular grafts, fabricated from highly-expanded polytetrafluoroethylene, and used to bypass or replace blood vessels to assure adequate and balanced blood flow to particular parts of the body. The 135 patent application was filed in 1974, but the patent did not issue until 2002. The district court found that the patent had been willfully infringed and was not invalid for improper inventorship, anticipation, obviousness, or lack of written description, and awarded enhanced damages, attorneys' fees and costs, and an ongoing royalty. The Federal Circuit affirmed, finding substantial evidence to support the jury verdict.
View "Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., Inc." on Justia Law
Mettler-Toledo, Inc. v. B-TEK Scales, LLC
The 547 and 052 patents relate to technology for weighing objects, such as large commercial trucks. Mettler sued B-Tek alleging infringement of certain claims of the patents. The district court construed the claims and the jury found that B-Tek did not infringe any of the asserted claims and that the asserted claims of the 052 patent would have been obvious. The Federal Circuit affirmed, holding that the court correctly construed the claims, particularly: "circuit means associated with said counterforce, said circuit means being responsive to external control," "means for producing digital representations of loads applied to said counterforce," and "means for transmitting said digital representations." Substantial evidence supported the verdict. The court properly denied sanctions for Mettler's alleged withholding and destruction of documents; the documents were not highly relevant.View "Mettler-Toledo, Inc. v. B-TEK Scales, LLC" on Justia Law
Thorner v. Sony Computer Entm’t Am., LLC
Plaintiffs accused Sony and Sony entities of infringing claims of a patent relating to a tactile feedback system for computer video games. The district court construed disputed claim terms and the parties stipulated to a judgment of noninfringement. The Federal Circuit vacated and remanded, finding that the district court improperly limited the term "attached to said pad" to mean attachment only to an external surface and erred in its construction of the term "flexible." View "Thorner v. Sony Computer Entm't Am., LLC" on Justia Law
HTC Corp. v. IPCom GmbH & Co., KG
HTC sought a declaration that it did not infringe a valid and enforceable claim of the 830 patent, which covers a handover in a cellular telephone network to reduce the chance of interrupted service for a user in transit. IPCom counterclaimed, alleging infringement. The district court concluded that two claims in the 830 patent were invalid. The Federal Circuit reversed, finding that the district court misconstrued the claims, which cover only an apparatus, not an apparatus and method steps. The specification adequately discloses a processor and transceiver for use in performing the functions recited in the claims.View "HTC Corp. v. IPCom GmbH & Co., KG" on Justia Law
Krippelz v. Ford Motor Co.
In 1989 Krippelz filed for a patent on a vehicle-mounted lamp, titled "Emergency Light" and describing a lamp attached to the side view mirror of an automobile and shining downward. He offered a license to Ford, which was not interested, but in 1997 began offering an option known as a "puddle light," a lamp, attached to the vehicle's side view mirror, that shone light generally downward. In 2008 the district court entered summary judgment finding infringement and awarded $56 million. The Federal Circuit reversed as to validity, vacated other rulings, and remanded for entry of a judgment of non-liability. The district court erred in finding the patent novel over prior art. View "Krippelz v. Ford Motor Co." on Justia Law
Falana v Kent State Univ.
Plaintiff sought correction of inventorship under 35 U.S.C. 256 with respect to a patent covering a synthesis protocol for chiral additives, which are used to improve the performance characteristics of LCDs, such as display color, contrast, and brightness. The district court and ordered the Patent and Trademark Office to issue a certificate of correction adding him as a named inventor and found the case to be exceptional under 35 U.S.C. 285, awarding attorney fees to plaintiff. The Federal Circuit affirmed as to inventorship, but did not address the exceptional case determination and attorney fees award, concluding that those determinations were not final. The district court properly determined that plaintiff's contribution to the invention was greater than the exercise of ordinary skill.
View "Falana v Kent State Univ." on Justia Law
Dealertrack, Inc. v. Huber
Plaintiff owns patents, directed to a computer-aided method and system for processing credit applications from car dealers over electronic networks. The patents claim priority to and incorporate the 403 patent, filed in 1995. The district court entered judgment of noninfringement on certain claims; of invalidity for failure to claim patentable subject matter under 35 U.S.C. 101 with respect to other claims; and of invalidity for indefiniteness on others. The Federal Circuit affirmed in part and reversed in part. With respect to infringement, the district court improperly carved-out the Internet from its construction of "communications medium" and improperly construed "central processing means." Finding "central processing means" indefinite, the court invalidated three claims for failure to recite sufficient structure to perform claimed functions. Certain claims were invalid as being directed to an abstract idea preemptive of a fundamental concept or idea that would foreclose innovation in the area.
View "Dealertrack, Inc. v. Huber" on Justia Law
Abbott Point of Care, Inc. v. Epocal, Inc.
Plaintiff alleged infringement of patents covering systems and devices for testing blood samples against a competitor in the diagnostic field. The patents at issue name defendant as the assignee. Plaintiff claimed ownership based on confidentiality and non-competition clauses in employment and consulting contracts between its predecessor and an employee, the inventor. The district court dismissed, finding that plaintiff lacked standing because the 1999 Consulting Agreement did not continue the 1984 Agreement’s Disclosure and Assignment Covenant. The Federal Circuit affirmed, holding that the company lacked standing with respect to rights assigned long after the inventor resigned from the company. View "Abbott Point of Care, Inc. v. Epocal, Inc." on Justia Law
Celsis In Vitro, Inc. v. Cellzdirect, Inc.
The patent claims methods for preparing multi-cryopreserved hepatocytes (a type of liver cell), used for evaluating drug candidates. The owner claimed infringement and obtained a preliminary injunction. The Federal Circuit affirmed. The district court acted within its discretion in finding likelihood of success on the merits, considering defenses of non-infringement, obviousness, written description, and inequitable conduct. The court considered and properly addressed the public's interest in obtaining an adequate supply of pooled multi-cryopreserved hepatocyte products.
View "Celsis In Vitro, Inc. v. Cellzdirect, Inc." on Justia Law
MarcTec, LLC v. Johnson & Johnson
The 2006 patent, entitled "Surgical Devices Having a Polymeric Material with a Therapeutic Agent and Methods for Making Same" and the 2007 patent, entitled "Surgical Devices Containing a Heat Bondable Material with a Therapeutic Agent" have identical specifications and are directed to a surgical implant in which a polymeric material is bonded by heat to an expandable implant, where the polymer includes a therapeutic agent such as an antibiotic. The owner of the patents sued. The district court made a finding of noninfringement. The Federal Circuit affirmed the finding and construction of the term "bonded." The district court then declared the case exceptional under 35 U.S.C. 285 and awarded defendant attorney and expert witness fees totaling $4,683,653.03. The Federal Circuit affirmed. The district court opinion indicates its finding that plaintiff acted in bad faith in filing a baseless infringement action and continuing to pursue it despite no evidence of infringement and engaged in vexatious and unjustified litigation conduct that unnecessarily prolonged the proceedings and forced defendant to incur substantial expenses. View "MarcTec, LLC v. Johnson & Johnson" on Justia Law