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November 2010
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January 2011

Barnes & Noble Fails to End Nook Lawsuit

Published December 28, 2010 | Reuters

Barnes & Noble Inc (BKS) lost its bid to dismiss Spring Design Inc's lawsuit accusing the largest U.S. bookseller of illegally copying a screen design for the popular Nook electronic book reader.

Spring Design will be allowed to pursue claims accusing Barnes & Noble of misappropriating trade secrets, breach of contract and unfair competition, according to a ruling in the federal court in San Jose, California.

The ruling by U.S. District Judge James Ware on Monday evening is a setback for Barnes & Noble, which launched Nook in October 2009 to compete with Amazon.com Inc's (NASDAQ:AMZN) market-leading Kindle. Spring Design sued the next month.

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Motorola wants Xbox 360 sales halted over patent infringements

28 Dec 10 00:00 by wconeybeer in category Game Consoles

A skirmish between Motorola and Microsoft over patented technology used in the Xbox 360 game console has been escalated to the next level with expanded countering lawsuits, plus a complaint to the United States International Trade Commission (USITC), which could put a stop to shipments of the game consoles to the US.

The USITC opened up their investigation of the situation on the 17th of this month, following the complaint filed by Motorola on November 22nd. The corporation is asking for a cease and desist order to prevent Microsoft from importing the consoles, and an exclusion order to keep them from entering the United States.

The problems between the two corporate giants began earlier this year when Microsoft filed suit against Motorola for allegedly infringing on their patents with their Android smart phones. Just a month later, Microsoft filed another suit claiming that Motorola was charging them “excessive royalties” for the use of network technology that is used in the manufacturing of Xbox 360s.

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Skype hit with lawsuit: Reports

Just days after an outage crippled Skype, the popular Internet calling company has been slapped with a lawsuit, according to news reports Monday.

Gradient Enterprises has filed a patent infringement suit against Skype in a New York court related to U.S. patent no. 7,669,207, or its “supernode network,” according to TechCrunch.

Gradient first filed an application for the patent in 2004 and it was issued this past February, the tech blog reports.

Skype's massive blackout that cut off voice and video calls to tens of millions of users worldwide just before the busy holiday weekend may have sparked the suit.

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Shum v. Intel Corp., No. 09-1385

In plaintiff's suit for correction of inventorship of patents that lists his former business partner as the sole inventor, and various claims under California law, judgment of the district court is affirmed where: 1) because plaintiff has not identified any genuine issues of material fact with respect to his breach of fiduciary duty or fraudulent concealment claims, district court's grant of defendants' motion for summary judgment as to these claims is affirmed; and 2) district court's grant of post verdict JMOL on plaintiff's claims for unjust enrichment, breach of contract, intentional misrepresentation, and correction of inventorship for the '472 and '724 patents is affirmed as plaintiff has not presented sufficient evidence that allow a reasonably jury to find for him on these claims.

Download Shum v Intel Corp 09-1385-1419

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WiAV Solutions, Inc. v. Motorola, Inc.

In a patent infringement suit related to signal transmission, as well as encoding and decoding of data, district court's decision that plaintiff lacked constitutional standing to assert the Mindspeed patents against the defendants because several third parties have a limited right to license, is reversed and remanded where: 1) an exclusive licensee does not lack constitutional standing to assert its rights under the licensed patent merely because its license is subject not only to rights in existence at the time of the license but also to future licenses that may be granted only to parties other than the accused; and 2) plaintiff has shown that it has the right under the patents to exclude the defendants from engaging in the alleged infringing activity and therefore is injured by the defendants' conduct.

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Lazare Kaplan Int'l, Inc. v. Photoscribe Technologies, Inc.

In plaintiff's suit for infringement of its patents, related to a system that uses a fixed laser to create a series of microscopic spots on the surface of gemstones, district court's judgment in favor of the defendants is affirmed in part, vacated in part, and remanded where: 1) district court's grant of summary judgment of no literal infringement and the jury verdict of non-infringement under the doctrine of equivalents of claim 1 and 7 of '351 patent are vacated; 2) jury verdict of invalidity and non-infringement of claim 18 of the '351 patent is affirmed; 3) jury verdict of non-infringement of the disputed claims of the '938 patent is affirmed; and 4) the district court's findings of inequitable conduct, exceptional case, and the award of attorney's fees are vacated.

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Spansion, Inc. v. Int'l Trade Comm'n

In plaintiff's suit under section 337 of the Tariff Act of 1990, claiming that seven defendants infringed its patents through the importation or sale of certain semiconductor chips or products containing such chips, International Trade Commission's final determination that defendants directly infringe the asserted claims of the '326 patent and contributorily infringe the asserted claims of the '419 patent is affirmed where: 1) because the Commission's construction of the downwardly alongside limitation is affirmed, defendants' argument that the accused packages do not infringe under their preferred construction need not be addressed; 2) Commission's finding of direct infringement of '326 patent and contributory infringement of '419 patent are supported by substantial evidence; 3) the Commission's determination that the '326 and '419 patents are not anticipated by prior patents; and 4) the Commission provided a sufficient basis for issuance of the limited exclusion order and its actions were not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

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Akamai Technologies, Inc. v. Limelight Networks, Inc.

In plaintiff's suit for infringement of patents related to method claims directed to a content delivery services that delivers the base document of a web site from a content provider's computer while individual embedded objects of the website are stored on an object-by-object basis on a Content Delivery Network (CDN), district court's judgment as a matter of law overturning a jury verdict of infringement by defendant of claims 19-21 and 34 of '703 patent and construction of certain claims of '645 and '413 patents are affirmed where: 1) because the defendant did not perform all of the steps of the asserted method claims, and the record contains no basis on which to attribute to defendant the actions of its customers who carried out the other steps, district court properly granted JMOL of noninfringement to defendant; and 2) district court properly entered judgment of noninfringement of the '645 and '413 patents based on its rulings on claim construction.

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Prometheus Laboratories, Inc. v. Mayo Collaborative Services

On remand from the United States Supreme Court for further consideration in light of the Court's holding in Bilski v. Kappos, 561 U.S. --, 130 S. Ct. 3218 (2010), that the machine-or-transformation test was not the sole test for determining the patent eligibility of process claims, district court's grant of summary judgment of invalidity of plaintiff's patents, related to claim methods for determining the optimal dosage of thiopurine drugs to treat gastrointestinal and non-gastrointestinal autoimmune diseases, is reversed and remanded where: 1) plaintiff's asserted method claims recite a patent-eligible application of naturally occurring correlations between metaboloite levels and efficacy or toxicity, and thus do not wholly preempt all uses of the recited correlations; and 2) the treatment methods claimed in plaintiff's patents satisfy the transformation prong of the machine-or-transformation test, as they "transform an article into a different state of thing," and this transformation is central to the purpose of the claimed process.

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ASDI, Inc. v. Beard Research, Inc.

In an action for misappropriation of trade secrets, judgment for plaintiff is affirmed where a lawful termination of a contract is not fatal to a claim of tortious interference with contractual relations, because the focus of the claim is on the defendant's wrongful conduct that induces the termination of the contract, irrespective of whether the termination is lawful.

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