1. Synopsys, Inc. v. Ricoh Co.
(In re Ricoh Co. Patent Litig.), 2011-1199, UNITED STATES COURT OF APPEALS FOR
THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 23495, November 23, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Per
28 U.S.C.S. § 1920, winning party in patent case won full cost of all
depositions, translations and videotaping as latter was commonplace in Ninth
Circuit patent cases; reimbursement of share of electronic document database
cost was improper, however, as parties had earlier agreed to share such costs
and that agreement foreclosed reimbursement.
CORE TERMS: deposition,
discovery, database, copying, prevailing party, exemplification, electronic,
allowable, taxation, invoice ...
2. Powell v. Home Depot U.S.A.,
Inc., 2010-1409, -1416, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
2011 U.S. App. LEXIS 22838, November 14, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Record
supported a jury's determination that a home products company willfully
infringed U.S. Patent No. 7,044,039, which protected guards for radial arm
saws, when it hired a third party to construct similar guards on saws it used
at other stores, and the district court did not err when it enhanced the jury's
award of $15 million by $3 million.
CORE TERMS: infringement,
dust, collection, royalty, cutting, patent, radial, surface, box, guard ...
3. Typhoon Touch Techs., Inc. v.
Dell, Inc., 2009-1589, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
659 F.3d 1376; 2011 U.S. App. LEXIS 22268, November 4, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Because
a patent's description contained sufficient algorithmic structure for the
programmatic procedures needed to provide cross-referencing responses, and
there was no evidence that a programmer of ordinary skill in the field would
not understand how to implement this function, the patent claim was not
indefinite under 35 U.S.C.S. § 112, para. 2.
CORE TERMS: specification,
keyboard, collection, memory, configured, cross-referencing, patent, invention,
algorithm, processor ...
4. Markem-Imaje Corp. v. Zipher
Ltd., Civil No. 10-cv-112-PB, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
NEW HAMPSHIRE, 2011 DNH 194; 2011 U.S. Dist. LEXIS 134874, November 21, 2011,
Decided, November 21, 2011, Filed, NOT
FOR PUBLICATION [enhanced version
available to lexis.com subscribers]
CORE TERMS: tape,
spool, correction, controller, patent, ribbon, specification, stepper,
diameter, monitor ...
5. Gen-Probe Inc. v. Becton
Dickinson & Co., CASE NO. 09cv2319 BEN (NLS), UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA, 2011 U.S. Dist. LEXIS 131820, November
15, 2011, Decided, November 15, 2011, Filed,
As Amended November 22, 2011 [enhanced version
available to lexis.com subscribers]
CORE TERMS: specification,
target, nucleic acid, receptacle, proposed construction, seal, fluid,
frangible, station, patent ...
6. Spellbound Dev. Group, Inc. v.
Pac. Handy Cutter, Case No.: SACV 09-00951 DOC(ANx), UNITED STATES DISTRICT
COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION, 2011 U.S.
Dist. LEXIS 131929, November 14, 2011, Decided, November 14, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: patent,
summary judgment, infringement, trigger, pathway, pawl, loop, discovery,
non-infringement, specification ...
7. Havco Wood Prods., LLC v.
Indus. Hardwood Prods., 10-cv-566-wmc, UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WISCONSIN, 2011 U.S. Dist. LEXIS 130757, November 10, 2011,
Decided, November 10, 2011, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: In
patents relating to composite flooring for semi-trailers that combined hardwood
flooring and fiber reinforced plastic, the terms "substantially
continuously bonded" and "substantially continuously coating"
were defined consistently with the objective of the invention and excluded a
discontinuous bond that was disclaimed during prosecution.
CORE TERMS: patent,
continuously, bonded, flooring, discontinuous, segment, invention, floor,
hardwood, disclaimer ...
8. St. Jude Med., Inc. v. Access
Closure, Inc., CASE NO. 08-CV-4101, UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF ARKANSAS, TEXARKANA DIVISION, 2011 U.S. Dist. LEXIS 129562,
November 8, 2011, Decided, November 8, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: patent,
dilator, invention, divisional, safe harbor, sheath, species, hollow,
continuation, guidewire ...
9. Petter Invs., Inc. v. Hydro
Eng'g, Inc., Case No. 1:11-CV-207, UNITED STATES DISTRICT COURT FOR THE WESTERN
DISTRICT OF MICHIGAN, SOUTHERN DIVISION, 2011 U.S. Dist. LEXIS 126908, November
2, 2011, Decided, November 2, 2011, Filed, Patent interpreted by Petter Invs.,
Inc. v. Hydro Eng'g, Inc., 2011 U.S. Dist. LEXIS 132380 (W.D. Mich., Nov. 16,
2011) [enhanced version
available to lexis.com subscribers]
CORE TERMS: patent,
settlement agreement, invalidity, declaratory judgments, infringement, pad,
estoppel, infringed, summary judgment, noninfringement ...
10. Apotex Inc. v. Cephalon,
Inc., CIVIL ACTION No. 2:06-cv-2768, UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF PENNSYLVANIA, 2011 U.S. Dist. LEXIS 125859, October 31,
2011, Decided, As Amended November 7,
2011 [enhanced version
available to lexis.com subscribers]
OVERVIEW: Invention
was on sale more than one year prior to patent application date, 35 U.S.C.S. §
102(b), and was actually invented by French company, and the patent was obvious
to person having ordinary skill in the art, 35 U.S.C.S. § 103(a), and failed to
provide 35 U.S.C.S. § 112 written description. It was also unenforceable due to
inequitable conduct.
CORE TERMS: particle,
modafinil, patent, invention, batch, micron, compound, clinical, prior art,
pharmaceutical ...
....
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