In PHG Technologies, LLC v. St. John Companies, Inc., the Federal Circuit vacated the preliminary injunction of the district court finding St. John raised a substantial questions of validity of the two patents-at-issue.At issue were two design patents owned by PHG: the '405 and '197 patents. The '405 and '197 patents depend from a utility patent for patient identification labels. The '405 patent claims an o....... Read More
Singer Jimmy Buffett has sued an individual operating a website that he asserts sells trademarkeditems without his permission. Apparently the website (which is currently down) states it is "Jimmy Buffett's Online Store for Merchandise." He previously sued and won a judgment and injunction against this individual in the past in Nevada, but now he has moved to Texas, and allegedly continues to infringe.The alleged....... Read More
02 Micro International Limited and 02 Micro, Inc. (collectively "02 Micro") recently appealed a Northern District of California district court's grant of summary judgment of non-infringement in favor of Monolithic Power Systems, Inc. ("MPS") to the United States Court of Appeals for the Federal Circuit. 02 Micro contended that the district court errored in denying it leave to amend its infringement contentions an....... Read More
Optivus Technology sued Ion Beam Applications (IBA) for infringing its patents relating to the use of proton beams in cancer therapy, and specifically to proton beam therapy facilities with multiple treatment rooms using the same proton source. In addition to patent infringement, Optivus also claimed violations of California and Florida unfair competition laws and a Lanham Act "false statement" claim. The distri....... Read More
The University of Alabama has sued Daniel Moore, an artist who paints pictures of various sporting events. Among his work is a picture entitled "The Sack," depicting a play in a 1986 college football game where Cornelius Bennett of the University of Alabama sacked Notre Dame's Steve Beuerlein. The university claims that Mr. Moore is infringing the its trademark rights, including its "famous crimson and white c....... Read More
Abraxis Bioscience (formerly AstraZeneca) is the holder of three patents on an improved formulation of an anesthetic, DIPRIVAN?. Prior formulations had the problem of increasing postoperative infections. The inventors discovered that by adding disodium edetate as an antimicrobial agent. This addition allowed DIPRIVAN? to be administered for up to 24 hours without a significant increased risk of infection. Ma....... Read More
Over the course of three court days, the Federal Circuit issued two decisions in cases involving reissue patents. After a patent is issued, if the patent holder discovers that the patent is "wholly or partly inoperative or invalid," the patentee may surrender the original patent and seek reissue of the patent. If this is sought within the first two years after the original patent issued, the claims may be broade....... Read More
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