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  • Top 10 Patent Cases for the Month of December 2011

01/03/2012 03:07:00 PM EST

Top 10 Patent Cases for the Month of December 2011

1. In re Constr. Equip. Co., 2010-1507, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 25078, December 8, 2011, Decided, December 15, 2011, Corrected Format Version Issued [enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law]

OVERVIEW:  Decision in a patent reexamination that patent claims were obvious under 35 U.S.C.S. § 103 was affirmed because the decision was supported by substantial evidence and without legal error. The alleged invention consisted of combining known elements into a machine that, while possibly new, was nevertheless obvious and therefore unpatentable.

CORE TERMS:  reexamination, patent, machine, prior art, obviousness, finality, issue preclusion, invention, final judgment, judicial power ...


2. Teva Pharm. Indus. v. Astrazeneca Pharms. LP, 2011-1091, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 23874, December 1, 2011, Decided [enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law]

OVERVIEW:  Where an alleged infringer had developed the accused stabilized statin "Crestor" before the patentee developed its patented competing product, the alleged infringer satisfied the requirements for prior invention under 35 U.S.C.S. § 102(g)(2). It was not required to appreciate that the crospovidone was the agent responsible for the stabilization.

CORE TERMS:  invention, crospovidone, compound, inventor, stabilized, subject matter, summary judgment, stabilizing, infringement, appreciated ...


3. Volumetrics Med. Imaging, LLC v. Toshiba Am. Med. Sys., No. 1:05CV00955, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA, 2011 U.S. Dist. LEXIS 149859, December 30, 2011, Decided, December 30, 2011, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  beam, memory, slice, plurality, ultrasound, display, scan, echo, corresponding, buffer ...


4. Informatics Applications Group, Inc. v. Shkolnikov, 1:11cv726 (JCC/JFA), UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION, 2011 U.S. Dist. LEXIS 148357, December 27, 2011, Decided, December 27, 2011, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  patent, trade secrets, proprietary, misappropriation, presentation, breach of contract, technology, statute of limitations, inventor, conversion claim ...


5. Mformation Techs., Inc. v. Research in Motion Ltd., NO. C 08-04990 JW, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION, 2011 U.S. Dist. LEXIS 148156, December 19, 2011, Decided, December 19, 2011, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  wireless, summary judgment, infringement, patent, server, mailbox, noninfringement, written description, laches, enabling ...


6. Keystone Retaining Wall Sys. v. Basalite Concrete Prods., LLC, Case No. 10-CV-4085 (PJS/JJK), UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, 2011 U.S. Dist. LEXIS 145545, December 19, 2011, Decided, December 19, 2011, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  block, patent, infringement, trademark, chart, infringe, stone, registration, picture, embodiment ...


7. Alcon Research Ltd. v. Barr Labs. Inc., CIVIL ACTION NO. 09-CV-0318-LDD, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE, 2011 U.S. Dist. LEXIS 143007, December 13, 2011, Decided, December 13, 2011, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  patent, castor oil, prostaglandin, stability, chemical, composition, invention, infringement, prior art, chemically ...


8. Jacobs Vehicle Equip. Co. v. Pac. Diesel Brake Co., No. 3:93-CV-1093(RNC), UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT, 2011 U.S. Dist. LEXIS 142228, December 9, 2011, Decided, December 9, 2011, Filed [enhanced version available to lexis.com subscribers]

OVERVIEW:  Given language of patent claims and evidence, the court found in favor of plaintiff under 35 U.S.C.S. § 102 because plaintiff capitalized on the information disclosed in the patent to create brakes for use in combinations with delayed compression release events; the invention, then, contributed to the advancement of the engine retardation industry.

CORE TERMS:  brake, engine, exhaust, valve, cylinder, exhaust valves, float, patent, compression, intake ...


9. Apple, Inc. v. Samsung Elecs. Co., Case No.: 11-CV-01846-LHK, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2011 U.S. Dist. LEXIS 139049, December 2, 2011, Decided, December 2, 2011, Filed, Motion granted by Apple Inc. v. Samsung Elecs. Co., 2011 U.S. App. LEXIS 25163 (Fed. Cir., Dec. 16, 2011) [enhanced version available to lexis.com subscribers]

CORE TERMS:  patent, infringement, screen, preliminary injunction, irreparable harm, tablet, front, prior art, display, user ...


10. Dataquill Ltd. v. High Tech Computer Corp., CASE NO. 08cv543 - IEG (BGS), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA, 2011 U.S. Dist. LEXIS 138565, December 1, 2011, Decided, December 1, 2011, Filed [enhanced version available to lexis.com subscribers]

OVERVIEW:  In a patent infringement suit, plaintiff presented evidence showing the importance of the allegedly patented technology to accused devices' ability to succeed in the marketplace; therefore, it presented sufficient evidence from which a reasonable jury could find that the entire market value rule was satisfied.

CORE TERMS:  infringement, patent, summary judgment, license, reexamination, expert report, technology, patentee, royalty, preliminary injunction ...

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