PATracer

Recent Posts from PATracer


  • Prometheus And Natural Phenomena

    2008-1403 Prometheus Lab v Mayo Collaborative SD/CA 04-CV-1200 Judge John A. Houston A fairly-well publicized case involving medical testing, Bilski, and "natural phenomena." Our earlier write-up is here. A representative claim from one of the…

  • Trading Tech Patents Put To The Test

    2008-1392 Trading Tech Int'l v. eSpeed ND/IL 04-cv-5312
 Judge James B. Moran Trading Tech ("TT") brought several suits, including this one against eSpeed and Ecco, alleging infringement of 6,766,304 and 6,772,132, both similarly directed at…

  • Late Terminal Disclaimer Was Too Late?

    2009-1032 Boehringer Ingelheim v. Barr Labs D/NJ 05-Cv-700 and 05-Cv-854 Judge Joseph J. Farnan, Jr. An interesting appeal concerning the interplay of terminal disclaimers, restrictions, and patent extensions. The case involves efforts to market a…

  • Cartner Takes Issue With Invalidating Claim Construction

    2009-1097 Cartner v. Alamo Group ND/OH 1:07-CV-1589 Judge Lesley Wells A relatively straight-forward appeal of claim construction related to 5,197,284, claiming a system and method for decelerating a hydraulic motor. Following construction in defendant's favor,…

  • En Banc: 271(f) and Cardiac Pacemaker

    2007-1296 Cardiac Pacemaker v. St Jude SD/IN 96-CV-1718 Judge David F. Hamilton The Federal Circuit is hearing the case, en banc, directed to a single question: Does 35 U.S.C. § 271(f) apply to method claims,…

  • In Brief: Purechoice v. Honeywell

    2008-1482 Purechoice v. Honeywell ED/TX 06-cv-00244 Judge T. John Ward Purechoice appeals from the judgment of Judge Ward construing certain claim terms of RE38,985 as ambiguous and the claims invalid for indefiniteness. The patent relates…

  • In Brief: Blackboard v. Desire2Learn

    2008-1368 Blackboard v. Desire2Learn ED/TX 9:06-CV-155 Judge Ron Clark Cross-appeals involving Blackboard's 6,988,138 patent. The jury found Desire2Learn infringed claims 36-38, also finding those claims valid. The court found claims 1-35 invalid for indefiniteness. The…

  • Court Maintains License Pending Coverage Dispute

    2009-1168 Fairchild Semiconductor v. Third Dimension (3D) D/ME 08-158 Judge D. Brock Hornby Patentee/declaratory-judgment defendant 3D appeals from the grant by Judge D. Brock Hornby of a preliminary injunction prohibiting it from terminating a patent…

  • Court Rejects Collateral Attack On Patent Ownership

    2009-1167 Enovsys v. Nextel CD/CA 06-cv-5306 Judge Ronald Lew Defendant Nextel appeals from the order and judgment of Judge Ronald Lew affirming the jury's verdict of infringement and $2.78 million in damages. Enovsys asserted 6,560,461…

  • Foreign Invention Sneaks In Under § 102(g)(2)

    2009-1161 Solvay v. Honeywell D/DE 06-557 Judge Sue Robinson Plaintiff Solvay appeals from the grant of summary judgment of Judge Sue Robinson finding Solvay's 6,730,817 invalid under § 102(g)(2). The court found that Honeywell--working with…