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Judge McMahon issues claim construction unconstrained by two courts’ prior constructions

Judge McMahon construed terms of U.S. Patent No. 7,346,156 (“Methods and apparatuses for placing a telephone call”). The patent had previously been construed in Stanacard, LLC v. Rebtel Networks, AB, 680 F. Supp. 2d 483...more

Final office action rejecting claim sufficient to support stay pending appeal

In 2013, a jury found the four defendants liable for infringement of U.S. Patent No. 5,841,146 (“Reflector”). The defendants appealed to the Federal Circuit and filed for a reexamination of the patent. In the instant action,...more

A second patent in a chain falls to obviousness-type double patenting challenge

The court had previously determined that The Kennedy Trust’s U.S. Patent No. 7,846,442 (the “parent patent”) was invalid for obviousness-type double patenting (“ODP”) to U.S. Patent No. 6,270,766 (“the grandparent“). At issue...more

Meal planning claims bite the dust under the Mayo/Alice framework

Judge Engelmayer found claims of DietGoal’s U.S. Patent No. 6,858,516 (“Method and system for computerized visual behavior analysis, training, and planning”) invalid under § 101, and so he granted Bravo’s motion for summary...more

Judge Rakoff’s summary judgment order simplifies e-reader case against B&N

Judge Rakoff granted several of defendants’ summary judgment motions in Adrea’s suit alleging infringement of U.S. Patents Nos. 7,298,851 (“Electronic book security and copyright protection system”), 7,299,501 (Electronic...more

USDJ finds that baseball “can at times prove boring to watch,” and strikes out award of provisional patent rights under 35 USC §...

Baseball Quick developed a way to shorten the time needed to view a recorded baseball game, without omitting any outcome determinative actions. The patent at suit, U.S. Patent No. 7,628,716 (“Method of recording and playing...more

PTAB Discovery of Secondary Considerations of Non-obviousness: How to Get Necessary Prior Authorization

Discovery limitations play an important role in the differences between district court patent litigation and actions at the U.S. Patent Trial and Appeal Board (PTAB). So far, the PTAB has placed significant restrictions on...more

Judge Rakoff Decides Claim Construction

Judge Rakoff construed the following terms in U.S. Patent No. 6,585,516 (“Method and system for computerized visual behavior analysis, training, and planning”) and its associated ’516 Patent Reexamination Certificate. ...more

Request for Stay Pending Before Institution of Inter Partes Review Denied

US Endoscopy Group requested a stay of proceedings pending resolution of three inter partes review (“IPR”) petitions pending before the U.S. Patent and Trademark Office (“PTO”). Judge Román recognized the benefits of the new...more

Judge Rakoff Grants Permanent Injunction and Awards Attorneys’ Fees for Unreasonable Litigation Tactics and Redundant Post-Trial...

Following a six-day jury trial finding defendants’ infringement of U.S. Patent No. 7,874,487 (“Integrated illumination assembly for symbology reader”) to be willful, Judge Rakoff permitted plaintiffs to move for a permanent...more

"This Is A Prototypical Exceptional Case - Fees And Expenses Will Be Awarded"

Lumen View Technology, LLC v. Findthebest.com, Inc. Case Number: 1:13-cv-03599-DLC (Dkt. 83) - Judge Cote used Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749 (April 29, 2014) to justify...more

Judicial Efficiencies and Economy Support Bifurcation of Liability and Damages at Trial

Endo Pharmaceuticals, Inc. v. Actavis, Inc., et al. Case Number: 1:12-cv-08985-TPG (Dkt.55) - Endo brought suit against Actavis, as well as over a dozen other pharmaceutical manufacturers, for allegedly...more

Judge Cote Strikes Switched-up Infringement Contentions

Times Three Clothier, LLC v. Spanx, Inc. Case Number: 1:13-cv-02157-DLC (Dkt.60) - Times Three Clothier accused Spanx of patent infringement for the sale if women’s clothing, specifically shapeware. ...more

Judge Griesa Orders Parties to Brief Whether a Patent Prosecution Bar Prevents Defense Counsel From Participating in an Inter...

Endo Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA, Inc. et al. Inter Partes Review. Case Number: 1:12-cv-08060-GWG (Dkt. 68) - One of twelve defendants in patent suits brought by Endo petitioned the...more

Jury Finds Willful Infringement and $2.5M Damages

Cognex Corp. et al. v. Microscan Systems, Inc. et al. Case Number: 1:13-cv-02027-JSR (Dkt.202) - The jury in Cognex v. Microscan found infringement of U.S. Patent No. 7,874,487 (“Integrated illumination...more

Judge Forest Approves a Half-day Markman Hearing For 5–Patent Case

JobDiva, Inc. v. Monster Worldwide, Inc. Case Number: 1:13-cv-08229-KBF (Dkt.37) - The court accepted the parties’ proposal to have a half-day Markman hearing for a case entailing five patents....more

SDNY Patent Litigation Update: Vol. 1, No. 6

The SDNY Patent Litigation Update provides a single-resource, monthly summary of patent litigation action in SDNY including important decisions, complaints filed, and trending issues. For example, last month Judge Cote,...more

Time to answer complaint extended after Canon agrees to assert no more than 50 claims (down from 1,042 possible claims)

Canon Inc. v. Print-Rite N.A., Inc., et al. Case Number: 1:14-cv-00540-DLC (Dkt. 16) The consolidated defendants in this replacement toner infringement case requested an extension to the time to answer...more

Inconsistent Figures Render Two Design Patents Indefinite

Spanx, Inc. v. Times Three Clothier, LLC - Case Number: 1:13-cv-02157-DLC (Dkt. 58) - Judge Cote construed claims in six design patents, and determined that two of the patents were indefinite. The patents at...more

Purgation Case Still Held Up

Braintree Laboratories, Inc. v. Breckenridge Pharmaceuticals, Inc. Case Number: 1:12-cv-06851-AJN (Dkt. 69) - Judge Nathan approved the parties’ proposal to maintain the case on administrative hold pending...more

Counterclaim and Defenses Dismissed; U.S. Patent Out of Suit Following Failure to Assert in Canada

Radiancy, Inc. v. Viatek Consumer Products Group, Inc. Case Number: 7:13-cv-03767-NSR (Dkt. 117) - Judge Roman, in an amended opinion, dismissed counterclaim defendant PhotoMedex from the case, and dismissed...more

Eleven Toner Replacement Cartridge Infringement Cases Consolidated

Canon Inc. v. Print-Rite N.A., Inc., et al. Case Number: 1:14-cv-00540-DLC (Dkt. 16) - Judge Cote ordered eleven cases filed by Canon are now consolidated....more

Judge Forrest Grants Stay Following Filing of CBM Petition

Capital Dynamics AG et al. v. Cambridge Associates, LLC - Case Number: 1:13-cv-07766-KBF (Dkt. 42) Judge Forrest granted defendant Cambridge Associate’s motion to stay the case pending the outcome of a Covered...more

Indefiniteness is Definitely Not That Easy to Show

Cognex Corporation et al. v. Microscan Systems, Inc. et al. Case Number: 11:13-cv-02027-JSR (Dkt. 175) - Judge Rakoff denied defendants’ motion for summary judgment that two claims were indefinite. He had...more

Angry Pro Se Letter Wins Extension

Rates Technology, Inc. v. Broadvox Holding Company, LLC - Case Number: 1:13-cv-00152-SAS (Dkt. 133) - Judge Scheindlin had previously ordered Rates to obtain new counsel on or before April 4, 2014, following...more

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