Intellectual Property and Tech Law Reports

Microprocessor Enhancement Corp. v. Texas Instruments Inc.

This is a patent infringement case. Microprocessor Enhancement Corporation and Michael H. Branigin (collectively “MEC”) appeal the judgments of the United States District Court for the Central District of California, Docket Nos. 05-CV-00323 and 05-CV-05667, wherein the district court found on summary judgment that Texas Instruments Incorporated (“TI”) and Intel Corporation (“Intel”) did not infringe any claim of U.S. Patent No. 5,471,593 (“the ’593 patent”) owned by MEC and that all claims of the patent are invalid for indefiniteness. Because the district court erroneously concluded that the claims are indefinite, we reverse the court’s finding of invalidity. Because the district court correctly construed the term “pipeline stage,” we affirm the court’s judgment of noninfringement.

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Caraco Pharm. Labs., Ltd. v. Forest Labs., Inc.

This is an action brought under the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202, and the provision of the Hatch-Waxman Act establishing civil actions for patent certainty, 21 U.S.C. § 355(j)(5)(C). Plaintiff-Appellant Caraco Pharmaceutical Laboratories, Ltd. (“Caraco”) appeals a decision of the United States District Court for the Eastern District of Michigan dismissing its declaratory judgment action for noninfringement against Defendants-Appellees Forest Laboratories, Inc., et al., (“Forest”). Caraco’s action was dismissed for lack of Article III jurisdiction on the grounds that it had been rendered moot when Forest unilaterally granted Caraco a covenant not to sue for infringement of the patent-in-suit, U.S. Patent No. 6,916,941. However, in the context of the Hatch-Waxman framework, Forest’s covenant not to sue did not eliminate the controversy between the parties. Accordingly, we hold that Caraco’s declaratory judgment action presents a continuing Article III controversy, and reverse and remand for further proceedings.

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Akira Akazawa v. Link New Tech. Int'l, Inc.

Akira Akazawa (“Akira”) and Palm Crest, Inc. (collectively “the appellants”) appeal the United States District Court for the Central District of California’s grant of Link New Technology International, Inc.’s (“Link”) motion for summary judgment based on lack of standing. Akira Akazawa v. Link New Tech. Int’l, No. SACV 03-1474 (C.D. Cal. Oct. 26, 2006). Because issues of Japanese intestacy law must be resolved by the district court in order to determine whether Akira owned U.S. Patent No. 5,615,716 (“the ’716 patent”), and therefore possessed standing to bring the present suit, we vacate the district court’s grant of summary judgment and remand for further proceedings.

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Ortho-McNeil Pharm., Inc. v. Mylan Labs., Inc.

The United States District Court for the District of New Jersey permanently enjoined Mylan Laboratories, Inc. from infringing Ortho-McNeil Pharmaceutical Inc.'s U.S. Patent No. 4,513,006 ('006). The '006 patent claims the anticonvulsive drug topiramate. The trial court also reset the effective approval date for Mylan's Abbreviated New Drug Application (ANDA). Because the district court correctly ruled on claim construction, inequitable conduct, obviousness, and enablement, and because the district court did not err in resetting the effective date of Mylan's ANDA under 35 U.S.C. § 271(e)(4)(A), this court affirms.

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Angel Flight of Georgia, Inc. v. Angel Flight Southwest

We AFFIRM the district court’s ruling in its entirety. The district court did not err in ruling (1) AFSE infringed AFGA’s common law trademark rights by using the mark in a manner that created a substantial risk of confusion; and (2) AFGA had not acquiesced to AFSE’s infringing use and was not estopped by laches from enforcing its common law rights in the mark. Similarly, the injunction entered by the district court, which was tailored to protect AFGA’s rights and ensure the public would not be confused, was properly entered. Finally, the district court did not clearly err by cancelling United States Trademark No. 1,491,541 on the ground the registration had been obtained through fraud.

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Tafas v. Dudas

District Court finds the USPTO's rules governing the examination of patents to be an unauthorized extension of USPTO authority.

At issue are the United States Patent and Trademark Office’s changes to the rules governing the examination of patents. This case presents itself by virtue of cross-motions for summary judgment by Plaintiffs Smithkline Beecham Corporation d/b/a GlaxoSmithKline, et al., Plaintiff Triantafyllos Tafas, and Defendants Jon W. Dudas and the United States Patent and Trademark Office. Defendants also move to strike several exhibits filed by Tafas and certain amici curiae. For the reasons stated below, the Court will grant Plaintiffs’ Motions for Summary Judgment, deny Defendants’ Motion for Summary Judgment, and deny as moot Defendants’ Motion to Strike.

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