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Last Entry: October 30, 2015 at 00:14:58

Santa Clara University?s High Tech Law Institute Recognized as a ?Legal Innovator?

Posted on October 30, 2015
The High Tech Law Institute at Santa Clara University has been named as a Legal Innovator by the legal publication …Continue reading →

SecroNet v. NetGear – Claim Construction Analysis

Posted on October 15, 2015
Judge Hamilton construes 10 claim terms in this claim construction opinion. Of particular interest is the court?s construction of the terms ?local area network? and ?electrical outlet.?Continue reading →

Lifescan v. Roche Claim Construction

Posted on October 15, 2015
Lifescan, Inc. v. Roche Diagnostics Corp. (PDF) Decided Sept. 11, 2007 Judge Illstone Judge Illstone construes four disputed claim terms …Continue reading →

Does an Exclusive Licensee Have Standing?

Posted on October 15, 2015
Atmel Corp. v. Authentec, Inc. (PDF) 490 F. Supp. 2d 1952 Decided June 11, 2007 Judge Wilken Judge Wilken was …Continue reading →

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Abbott Diabetes Care: No Leave to Accuse More Bayer Products

Posted on October 15, 2015
In the Abbot Diabetes Care v. Roche Diagnostics case, Judge Jenkins denies Abbot?s request to accuse additional products made by co-defendant Bayer Healthcare of infringement.Continue reading →

Judge White Claim Construction in Edwards Lifesciences v. Cook Inc.

Posted on October 15, 2015
The patents in suit relate to devices for treating abdominal aortic aneurysms and occlusive disease without resort to ?open? surgery.Continue reading →

Claim Construction in Use Techno Corp. and Futoshi Matsuyama v. Kenko USA

Posted on October 15, 2015
Magistrate Judge LaPorte?s claim construction of Patent 6,716,459 in the case of Use Techno Corp. and Futoshi Matsuyama v. Kenko USA, Inc.Continue reading →

Niche Fame and Trademark Dilution

Posted on October 15, 2015
The TDRA and California trademark dilution laws provide different results in Phase Forward Inc. v. Mary Noel Adams.Continue reading →

Work Product Not Waived in Nidec v. Victor Co. of Japan

Posted on October 15, 2015
Nidec Corp. v. Victor Co. of Japan (PDF) Magistrate Judge Chen Decided July 26, 2007 Nidec moved to compel Victor …Continue reading →

Claim Construction in Intergraph Hardware Tech

Posted on October 15, 2015
Intergraph Hardware Tech. Co. v. Toshiba Corp. (PDF) 2007 U.S. Dist. LEXIS 56424 Judge Patel Aug. 2, 2007 Judge Patel …Continue reading →

Not Enough Nexuses for Daubert.

Posted on January 04, 2009
In Rambus v. Hynix, 5:05CV334 (N.D. Cal. Dec. 29, 2008), at docket entry #2997, Judge Whyte largely rejected proffered expert testimony on the “secondary considerations” that indicate nonobviousness. A showing of these indicia of nonobviousness has grown in importance since the Supreme Court lowered the pedal against obvious combination patents, in KSR v...

Attorney, Newly Merged In, and Entire Firm Disqualified in DRAM suit.

Posted on December 18, 2008
After some 350 docket entries, a firm that was representing certain opt-out plaintiffs in the DRAM antitrust case was disqualified in Unisys Corp. v. Hynix Semiconductor, Inc., 3:06-CV-2915 (N.D. Cal. 12/18/2008). The D.C. firm had merged in a California firm in Oct...

Last Season’s Patented Gift Suggestions.

Posted on December 18, 2008
It is remarkable how many patents get issued, either (i) just before the calendar year closes or (ii) within 90 days before the application is pending 36 months. Due to postulate (i), many patents (over 3500 last year) actually have an issue date of December 25th...

Alleged Infringing Gift Can Say “You’re Not Fat.”

Posted on December 16, 2008
The prior post about magnetic toy blocks might not have suggested a preferred embodiment for a�gift to/from a�patent attorney.� Consider then, the alleged infringing “Bodyfat Analyzer and Scale” products in the recent suit, Tanita Corp. v...

Video of Expert Succeeds in Low-Tech IP Case.

Posted on December 12, 2008
It should be presumed that every patent attorney and agent developed some degree of skill in the art of assemblages made from Lego, Erector Set, perhaps Lincoln Logs - but, expertise? That perceived set of skills can be challenged when the side of a toy box depicts marvelous and majestic assemblages, which ‘you can build’ [...

SDCal Allows Subject-Matter Conflict Suit To Proceed.

Posted on December 08, 2008
Claims for alleged breach of fiduciary duty proceeded past summary judgment motions in Vaxiion Therapeutics v. Foley & Lardner, 3-07-CV-280 (S.D. Cal., Dec. 4, 2008).� A subject-matter conflict, or technology conflict, was alleged based on patent attorneys in the firm’s San Diego and D...

The Mark IV Procedure: USMJ, USDJ, Markman, CAFC, then Reducere?

Posted on December 04, 2008
It was Judge Longobardi in Delaware who I recall asking: ‘how many times do you patent attorneys expect me to try your case?’ What recalled that was the Magistrate’s R&R preliminarily construing claims terms for the District Judge to use on a preliminary injunction motion in Symbol Technol...

Standards Setting Decision of Federal Circuit Will Guide NDCal Antitrust Cases.

Posted on December 02, 2008
Technology standardization is viral to expanding tech markets. Offering standardized components or end-use products can enable multiple entrants to gain access to emerging markets. Countervailing concerns, arising from patent rights bundled into standards, were adjudged and affirmed in the Federal Circuit’s ruling in Qualcomm v...

Trade Secrets Circulated Under NDAs, and False Advertising Claims Survive Summary Judgment.

Posted on November 26, 2008
Silicon Image v. Analogix, 3:07-CV-0653-JCS (N.D. Cal. 11/21/2008). Competitors in the HDMI interface market got into suit when Silicon tried to enjoin Analogix? chips that allegedly embodied trade secrets and infringed copyrighted source code. In January, the injunction was denied, and early trial date was set...

J. Whyte Navigates GPS Patent Tying Case.

Posted on November 24, 2008
Tele Atlas NV v. NAVTEQ, 5:05-CV-1673 (N.D. Cal. 10/28/2008). To win share in the dashboard GPS device market requires functional software and up-to-date mapping data.� With both, men need never to stop and ask directions. Allegedly, Navteq tied licenses for key map display patents with purchases of its map databases...

State of the Net West 2008

Posted on September 22, 2008
In August The Congressional Internet Caucus Advisory Committee in collaboration with the High Tech Law Institute at Santa Clara School of Law hosted the 2nd Annual State of the Net West Conference

From Net Neutrality to Internet for Everyone

Posted on July 02, 2008
Internet for Everyone is cleverly tying Net Neutrality to broadband growth in America. Do the telcos have a comeback?

Big Telcos Try to Avoid Being Dumb

Posted on June 08, 2008
The telco giants are facing increased Congressional scrutiny and class action lawsuits. When will they stop giving Net Neutrality proponents ammunition?

Judge Alsup Rejects Derivative Lawsuit Settlement

Posted on June 06, 2008
Judge Alsop gets some attention from Law.com.

DRM Not Dying, Just Resting

Posted on May 09, 2008
Think DRM is dead? Think again. Or read what the RIAA thinks and continue to think what you already thought.SHARETHIS.addEntry({ title: "DRM Not Dying, Just Resting", url: "http://www.techlawforum.net/internet-policy/net-law/drm-not-dead-just-resting/" });

Applera Corp v. Illumina Inc Claim Construction

Posted on May 02, 2008
Judge Alsup construes six terms relating to "oligonucleotide probe" in this patent infringement lawsuit.SHARETHIS.addEntry({ title: "Applera Corp v. Illumina Inc Claim Construction", url: "http://www.techlawforum.net/patent-reform/district-court/applera-illumina-claim-construction/" });

March 27 - Record Companies Haul Out the Knives

Posted on April 15, 2008
Nineteen copyright infringement filings in one day show the recording industry hasn't given up on taking down John Doe.SHARETHIS.addEntry({ title: "March 27 - Record Companies Haul Out the Knives", url: "http://www.techlawforum.net/patent-reform/district-court/march-27-record-companies-haul-out-knives/" });

NBC Universal Cozies Up to YouTube Pirates

Posted on April 14, 2008
Posting a Saturday Night Live skit to YouTube provokes an unexpected reaction from NBC Universal.SHARETHIS.addEntry({ title: "NBC Universal Cozies Up to YouTube Pirates", url: "http://www.techlawforum.net/internet-policy/net-law/nbc-universal-you-tube-pirates/" });

Who is Suing Who — Late March IP Filings in ND Cal

Posted on April 14, 2008
Levi Strauss, Symantec, Sun, and all your other favorites in copyright, patent, and trademark action.SHARETHIS.addEntry({ title: "Who is Suing Who — Late March IP Filings in ND Cal", url: "http://www.techlawforum.net/patent-reform/district-court/ip-filings-nd-cal-late-march/" });

Claim Construction in Exonhit Therapeutics v. Jivan Biologics

Posted on April 10, 2008
What does a "region of variability" mean? Judge Alsup tells us.SHARETHIS.addEntry({ title: "Claim Construction in Exonhit Therapeutics v. Jivan Biologics", url: "http://www.techlawforum.net/patent-reform/district-court/exonhit-jivan-claim-construction/" });

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