Intellectual Property and Tech Law Reports

Fresenius USA, Inc. v. Baxter International, Inc.

Medical Care Holdings, Inc. (collectively “Fresenius”) appeal and Defendants Baxter International, Inc. and Baxter Healthcare Corporation (collectively “Baxter”) cross appeal from the final judgment of the United States District Court for the District of California, which was based on findings that Fresenius infringed claims of three patents asserted by Baxter—U.S. Patent Nos. 5,247,434 (“the ’434 patent”), 5,744,027 (“the ’027 patent”), and 6,284,131 (“the ’131 patent”)—all of which disclose and claim a hemodialysis machine integrated with a touch screen user interface. Fresenius Med. Care Holdings, Inc. v. Baxter Int’l, Inc., No. 03-CV-1431 (N.D. Cal. Feb. 12, 2007) (“JMOL Opinion”). We affirm in part, reverse in part, vacate in part, and remand for further proceedings consistent with this opinion.

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Nystrom v. Trex Co., Inc.

The United States District Court for the Eastern District of Virginia held that plaintiff Ron Nystrom was not precluded on res judicata grounds from litigating his infringement claim against Trex Company, Inc., Home Depot USA, Inc., and Snavely Forest Products Inc. (collectively, Defendants). The district court also held that Defendants did not infringe the asserted claims of U.S. Patent No. 5,474,831 (the ’831 patent). Because the patentee forfeited his right to bring an infringement claim in a previously adjudicated patent suit, this court affirms the district court’s judgment on alternative grounds.

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Am. Eagle Outfitters v. Lyle & Scott Ltd.

This is a contract case arising from the parties’ efforts to resolve a dispute over their use of similar trademarks in their respective clothing lines. To work out an acceptable business arrangement, representatives of American Eagle Outfitters (“American Eagle” or “AE”) and Lyle and Scott, Ltd. (“Lyle & Scott” or “LS”) met in London in January 2006. During this meeting, the parties drew up an informal document (the “London Memorandum”) memorializing the content of their discussion and their points of agreement. The dispute in this case centers on the significance of this London Memorandum. The Magistrate Judge1 agreed with Plaintiff-Appellee American Eagle that the London Memorandum was a binding contract between the parties, and that its terms were not ambiguous, holding that no reasonable jury could find otherwise. Defendant-Appellant Lyle & Scott appeals, arguing that the parties did not intend to contract, and even if they did, the contract that resulted was too indefinite to be enforceable.

For the reasons outlined below, we agree with the Magistrate Judge that the parties formed an enforceable contract, but we disagree with her finding that all of its terms are unambiguous. Accordingly, we remand the case so that a jury may interpret the contract’s more ambiguous terms.

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Copyright office leader balks at Google deal

WASHINGTON - The head of the U.S. Copyright Office has serious concerns with a class-action settlement that would grant Google the digital rights to millions of books that are no longer being published.

Marybeth Peters, the Register of the Copyright Office, told a congressional committee Thursday that she believes parts of the proposed settlement are "fundamentally at odds with the law." She also warned the House Judiciary Committee that the agreement would jeopardize Congress' ability to govern book copyrights.

The copyright office's misgivings are just the latest doubts being cast about the legality of a settlement Google reached with U.S. authors and publishers 10 months ago.

Full story.

Martek BioSci. Corp. v. Nutrinova, Inc.

In this patent infringement action, Nutrinova, Inc.; Nutrinova Nutrition Specialties and Food Ingredients GmbH; and Lonza, Ltd. (collectively “Lonza”) appeal from the final judgment of the United States District Court for the District of Delaware that Lonza infringed certain specified claims of Martek’s U.S. Patent Nos. 5,340,594 (“the ’594 patent”) and 6,410,281 (“the ’281 patent”). See Martek Biosciences Corp. v. Nutrinova Inc., 520 F. Supp. 2d 537 (D. Del. 2007) (“Martek I”). Specifically, Lonza appeals the district court’s denial of its motions for judgment as a matter of law (“JMOL”) that the ’594 patent claims are invalid and that Lonza does not infringe the ’281 patent claims, the district court’s exclusion of its prior inventorship evidence, and the district court’s construction of the claim term “non-chloride sodium salt.” Martek Biosciences Corp. (“Martek”) cross appeals the district court’s grant of Lonza’s motion for JMOL that the asserted claims of Martek’s U.S. Patent No. 6,451,567 (“the ’567 patent”) are invalid and the district court’s construction of the claim term “animal” in Martek’s U.S. Patent No. 5,698,244 (“the ’244 patent”). As to the points of error argued by Lonza on appeal, we affirm. As to the points of error asserted by Martek on cross appeal, we reverse.

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In re Skvorecz

Robert J. Skvorecz appeals the decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board), rejecting claims 1-5 and 7 in his application to reissue United States Patent No. 5,996,948 (the ’948 patent). We reverse the rejection and remand for further proceedings.

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In Re Bose Corp.

The Trademark Trial and Appeal Board (“Board”) found that Bose Corporation (“Bose”) committed fraud on the United States Patent and Trademark Office (“PTO”) in renewing Registration No. 1,633,789 for the trademark WAVE. Bose Corp. v. Hexawave, Inc., 88 USPQ2d 1332, 1338 (T.T.A.B. 2007). Bose appeals the Board’s order cancelling the registration in its entirety. Because there is no substantial evidence that Bose intended to deceive the PTO in the renewal process, we reverse and remand.

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PARIS HILTON V. HALLMARK CARDS

We must decide whether California law allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission.

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Hensley Manufacturing, Incorporated v. ProPride, Incorporated

Hensley Manufacturing, Inc. (“Hensley Manufacturing”) and ProPride, Inc., (“ProPride”) both manufacture and sell trailer hitches for “RVers” everywhere. And, more importantly, both companies manufacture and sell trailer hitches designed by the same man: James Hensley (also known as “Jim Hensley”). Hensley Manufacturing claims that ProPride’s use of Jim Hensley’s name in its advertising material is likely to confuse consumers and infringes upon Hensley Manufacturing’s registered trademark in the name “Hensley.”

Hensley Manufacturing sued ProPride, its founder Shawn Woodruff, and Jim Hensley (collectively, “defendants”) in federal district court, asserting, inter alia, a claim for trademark infringement under the Lanham Act. Defendants filed separate motions to dismiss the complaint, and Hensley Manufacturing filed its own motion for a preliminary injunction. The district court granted defendants’ motions to dismiss and denied Hensley Manufacturing’s motion for a preliminary injunction, holding that ProPride’s use of Jim Hensley’s name fell under the fair use exception to trademark infringement claims.

On appeal, Hensley Manufacturing argues that the complaint adequately stated a claim for trademark infringement. It also argues that the district court prematurely dismissed the complaint on the basis of the affirmative defense of fair use and improperly considered matters outside the complaint. We affirm the district court’s dismissal of the complaint.

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SCO Group, Inc. v. Novell, Inc.

This case primarily involves a dispute between SCO and Novell regarding the scope of intellectual property in certain UNIX and UnixWare technology and other rights retained by Novell following the sale of part of its UNIX business to Santa Cruz, a predecessor corporate entity to SCO, in the mid-1990s. Following competing motions for summary judgment, the district court issued a detailed opinion granting summary judgment to Novell on many of the key issues. We affirm the judgment of the district court in part, reverse in part, and remand for trial on the remaining issues.

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