Congrats to my partner (Robert L. Shaver) on winning the appeal in the case Stone v. Perpetual Motion (No. 02-36084, unpublished) on Tuesday, January 27, 2004. Ninth Circuit upheld the district court, finding that no reasonable juror could find substantial similarity of ideas and expressions.
Monthly Archives: January 2004
Ruiz, et al. v. A.B. Chance Company (Fed. Cir.)
Ruiz, et al. v. A.B. Chance Company
Federal Circuit
Decided January 29, 2004
Holding: “…this court holds that the district court did not clearly err in finding a motivation to combine the prior art references in the nature of the problem at issue. In addition, this court holds that the district court did not clearly err [...]
National Steel Car, LTD. v. Canadian Pacific Railway, LTD, et al. (Fed. Cir.)
National Steel Car, LTD. v. Canadian Pacific Railway, LTD, et al.
Federal Circuit
Decided: January 29, 2004
Holding: “In conclusion, we hold that the district court abused its discretion in determining that NSC had demonstrated that CPR’s defenses lacked substantial merit and in granting the preliminary injunction. Based on the record before us, both CPR’s [...]
Glaxo Wellcome, Inc. v. Impax Laboratories, Inc. (Fed. Cir.)
Glaxo Wellcome, Inc. v. Impax Laboratories, Inc.
Federal Circuit (January 29, 2004)
Court found that the doctrine of equivalents did not apply (prosecution history estoppel–Glaxo amended claims to recite the critical term HPMC in order to overcome a rejection for lack of enablement).
“Because Glaxo cannot prove infringement literally or under the doctrine of equivalents, this court affirms [...]
Smithkline Beecham Corp. (DBA GlaxoSmithKline) v. Excel Pharmaceuticals, Inc. et al. (Fed. Cir.)
Smithkline Beecham Corp. (DBA GlaxoSmithKline) v. Excel Pharmaceuticals, Inc. et al.
Federal Circuit
DECIDED: January 29, 2004
“Record evidence shows that Glaxo narrowed the scope of claims 14-15 and 18-19 by amendment during prosecution of the ’798 patent to recite the critical term HPMC. The reason for making these narrowing amendments was to overcome a rejection [...]
USPTO patent assignments can now be searched on-line
Cambia’s patent blog (click here for expanded info) reporting something I didn’t know:
“The US Patent and Trademark Office (USPTO) now has an on-line searchable database of assignments for U.S. patents and published patent applications. Assignment data for pending (and unpublished) and abandoned applications are not available.”
Inventor of the three finger salute retires
David Bradley, the IBM inventor of the three finger salute (CTR-ALT-DEL) has retired according to this Newsday article. Bradley is quoted as saying “I may have invented it, but Bill [Gates] made it famous.” As you remember, Gates’ prior invention of the “blue screen of death” resulted in the necessity for Mr. Bradley’s [...]
Microsoft v. Research Corporation Technologies, Inc. to go to the jury
Forbes reporting that Microsoft has lost on summary judgment in a case in Arizona, meaning the case will go to the jury. RCT is suing Microsoft for infringement of patents covering halftone technology used in graphic displays and printing. HP, Lexmark and Epson opted to license the patents when charged with infringement. [...]
Poland joining the EPO
March 1, 2004, Poland joins the EPO. Source (and more details): Cambia’s patent blog.
Patent Litigation killed Wilbur Wright?
Earlier I stumbled on this interesting discussion of how patent litigation may have brought about the physical demise of Wilbur Wright. See the Washington Post article, discussion via Ernie The Attorney and Dennis Kennedy
