Intellectual Property and Tech Law Reports

Robert Bosch LLC v. Pylon Manufacturing Corp.

In an appeal from a judgment of the district court denying appellant's post-trial motion for entry of a permanent injunction in a patent infringement dispute involving windshield wiper technology, judgment is reversed where the court's erroneous application of law to evidence was an abuse of discretion.

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Absolute Software, Inc. v. Stealth Signal, Inc

In an appeal from a judgment of non-infringement by the district court in favor of both parties in their cross-claims of infringement of certain software products designed to track lost or stolen laptop computers, judgment is affirmed on the court's claim constructions and where it correctly granted plaintiff summary judgment, but reversed where issues of fact preclude summary judgment in defendant's favor.

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Powertech Technology Inc. v. Tessera, Inc.

In an appeal from a judgment of the district court dismissing plaintiff's action for declarations of non-infringement and invalidity for lack of subject matter jurisdiction, judgment is reversed where the court incorrectly found no Article III controversy based in part on an existing licensing agreement which excluded licensed products from enforcement actions.

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Cordis Corp. v. Boston Scientific Corp.

In an appeal from a judgment of the district court in a patent infringement action relating to balloon-expandable stents, judgment is affirmed because, as to one claim, defendants did not literally infringe of plaintiff's claim and where the court properly denied plaintiff JMOL on the issue of non-infringement by the reverse doctrine of equivalents, while rejecting the contention that two of defendants' claims are unenforceable due to inequitable conduct.

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Marine Polymer Technologies, Inc. v. Hemcon, Inc.

In an appeal from a judgment of patent infringement by the district court concerning a polymer that accelerates hemostasis, judgment is reversed where defendant has absolute intervening rights with respect to products manufactured before the date of reissue and remanded for a determination of whether defendant has equitable intervening rights with respect to products manufactured after the date of reissue, but dismissed as moot on the contention that subject patent as originally issued was invalid.

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Spread Spectrum Screening LLC v. Eastman Kodak Company

In an appeal from a judgment of the district court granting defendant’s motion to stay action against the its co-defendants and customers pending the outcome of this parties' dispute, appeal is dismissed for lack of jurisdiction where appeal is not from a final judgment within the meaning of 28 U.S.C. section 1295(a)(1).

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Apple Inc. v. Psystar Corp.

In an appeal from a judgment of the district court granting summary judgment in favor of plaintiff and enjoining defendant from continued infringement, judgment is affirmed where defendant's copyright misuse defense fails because plaintiff's license agreement for Mac OS X does not restrict creativity or competition, and because the court properly applied the four eBay factors.

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In Re: Shared Memory Graphics

In a petition for a writ of mandamus seeking to vacate a district court order granting Nintendo Co.'s motion to disqualify petitioner's counsel on the ground of imputed conflict-of-interest, petition is granted where Nintendo waived the conflict in a Joint Defense Agreement connected to the previous litigation purportedly giving rise to the conflict-of-interest.

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Monsanto Co. v. Bowman

In an appeal from a judgment of the district court granting summary judgment of infringement in favor of plaintiff, judgment is affirmed where patent exhaustion does not apply to subject, accused second-crop plantings.

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In Re Leithem

In an appeal from a judgment of the Board of Patent Appeals affirming the examiner's rejection of a pending claim concerning an improved diaper, judgment is reversed where the Board relied on a new ground of rejection while failing to allow appellants a full opportunity to respond to the new basis for rejection.

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