Summary Judgment Patents

News & Analysis as of

Getting Tangled in the Web of a Hybrid Royalty Clause Part II: Supreme Court Re-affirms Brulotte Decision

In July of 2013, I wrote a blog post about the Ninth Circuit Court of Appeal’s decision in Kimble v. Marvel Entertainment LLC and its effect upon royalty provisions in hybrid IP license agreements. (...) By “hybrid” I am...more

IP Newsflash - June 2015 #2

DISTRICT COURT CASES - District Court Required Identification of Prior Art in Defendant’s Counterclaim of Invalidity - In the Southern District of New York, the court granted plaintiff’s motion to dismiss...more

Federal Circuit Holds Sequenom Diagnostic Method Patent Invalid Under 101

On Friday, June 12, 2015, the Federal Circuit issued its decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc., affirming the district court's finding that Sequenom’s claims are invalid under 35 USC § 101. The court's...more

Conflicting Expert Opinions Prevent Summary Judgment

A recent summary judgment opinion by Judge Patti B. Saris highlights the importance of expert testimony in substantiating factual disputes and withstanding summary judgment. In denying both parties’ motions for summary...more

Federal Circuit Review | May 2015

Overly Narrow Statement Of Problem Can Show Reliance On Hindsight - In INSITE VISION INCORPORATED v. SANDOZ, INC., Appeal No. 2014-1065, the Federal Circuit held that enunciating an overly narrow statement of the problem...more

Design Patent Case Digest: Kreative Power, LLC v. Monoprice, Inc.

Decision Date: March 3, 2015 - Court: Northern District of California - Patents: D653,215 - Holding: Defendant’s motion for summary judgment GRANTED - Opinion: On June 26, 2014, Kreative Power, LLC...more

April Court Decision Round-Up

Note: Beginning this month, IP Law Tracker will highlight significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District of Michigan and...more

Noninfringement Arguments Prevail; Invalidity Arguments Fail

Burke, M.J. Report and Recommendation recommending that defendants’ motion for summary judgment of noninfringement be granted; defendants’ motion for summary judgment of invalidity be denied. Oral argument was held on...more

Summary Judgment Of No Willful Infringement Is Granted

Fairchild Semiconductor Corporation, et al. v. Power Integrations, Inc, C.A. No. 12-540 – LPS, April 23, 2015. - Stark, C. J. Plaintiffs’ motion for summary judgment of no willful infringement is granted. Oral argument took...more

Judge Declines To Sever And Stay As Trial Date Approaches

Stark, C. J. Defendant’s motion to sever and stay claims regarding one patent is denied. Plaintiff’s motion for judgment on the pleadings is deferred for further briefing. Defendant’s motion for summary judgment is granted...more

Limiting the Number of Patent Claims at Trial

Trial was scheduled for next week, but Boston-based Skyhook and Google, Inc. reached a settlement, according to a Court paper filed yesterday. The lead up to the trial in Skyhook v. Google was filled, though, with...more

Rosebud v. Adobe: District Court Grants Summary Judgment of No Remedies Where Plaintiff Could Not Prove Actual Notice of Patent...

Rosebud filed a patent infringement action Adobe and Adobe moved for summary judgment arguing that Rosebud had no remedy for its patent against Adobe. Adobe based its summary judgment motion on the argument that the...more

Claims to a method of making a baseball highlight video not infringed

Baseball Quick, LLC v. MLB Advanced Media L.P. Case Number: 1:11-cv-01735-KBF - Judge Forrest granted summary judgment of non-infringement of claims for producing a highlight video of a baseball game....more

Five Out Of Six Disputed Claims Are Anticipated In Dispute Relating To Hybrid Memory Patents

Robinson, J. Defendant’s motion for partial summary judgment of non-infringement of the ‘719 patent is denied. Plaintiff’s motion for summary judgment of no anticipation with respect to disputed claims of the ‘719 patent...more

Actual Notice Of Patent Application Is Required For Provisional Remedies

The parties do not dispute that the accused feature of defendant’s product was discontinued and could not have been used after January 2013 when the patent-in-suit issued. Plaintiff therefore cannot recover post-issuance...more

IP Newsflash - January 2015 #4

DISTRICT COURT CASES - Akin Gump Wins Section 101 Motion to Dismiss, Invalidating 887 Patent Claims - Following Supreme Court precedent set forth in Alice Corp. Pty. Ltd. v. CLS Bank International, Judge Sleet...more

Claims Regarding User Interface Systems And Methods For Cars Are Held Invalid

The disputed technology relates to user interface systems and methods for a vehicle. The parties agreed during oral argument that construction of the term “page” is the only matter at issue for determining whether a...more

IP Newsflash - January 2015 #3

FEDERAL CIRCUIT CASES - Akin Gump Wins Summary Judgment of Non-Infringement - Akin Gump obtained a significant victory on summary judgment for HTC and AT&T in a patent infringement case against Adaptix, Inc., an...more

Summary Judgment Is Denied As To Non-Infringement And Invalidity

The patent-in-suit relates to system for capturing image data along with positional information and processing to allow a user to navigate through the image data. The court finds that these motions present largely a battle...more

Banking software patent is found to be invalid

Robinson, J. Defendant’s motion for summary judgment of invalidity is granted; plaintiff’s motion for validity is denied. Defendant’s motion for summary judgment of non-infringement is granted; plaintiff’s motion for...more

Ineligible Subject Matter in One Court Is Still Ineligible in Another

DietGoal Innovations LLC v. Chipotle Mexican Grill, Inc. - Addressing the issue of whether the court was bound by another court’s holding that a patent was invalid for being directed to patent-ineligible subject...more

Design Patent Case Digest: High Point Design LLC and Meijer, Inc., Sears Holding Corp. and Wal-Mart Stores, Inc. v. Buyers Direct,...

Decision Dates: September 11, 2013 and March 26, 2014 - Courts: Federal Circuit and the Southern District of New York Patent: D598,183 - Holding: Grant of summary judgment of invalidity REVERSED and REMANDED; on...more

Design Patent Case Digest: Wallace v. Ideavillage Products Corp.

Decision Date: September 15, 2014 - Court: District of New Jersey - Patents: D485,990 - Holding: Defendant’s motion for summary judgment: GRANTED - Opinion: Allyson Wallace, initially acting pro se,...more

Not Your Everyday Grind: Seventh Circuit Panel Reverses Class Certification Denial in Keurig Competitor Case

In a decision reflecting what could be interpreted as receptivity to consumer class actions - or at least a favorable disposition toward class certification requests - the Seventh Circuit recently issued a decision reversing...more

Design Patent Case Digest: Butler v. Balkamp Inc.

Decision Date: September 3, 2014 - Court: Southern District of Indiana - Patents: D500,646 - Holding: Defendants’ motion for summary judgment of non-infringement GRANTED - Opinion: Plaintiff Kenneth...more

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