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Patent Law

Washington State Patent Law Blog

Patent law and litigation in Washington state or affecting industries in Washington state along with software, biotechnology, and patent reform.
By Mark Walters

Post Frequency: 1.4/day

Last Entry: March 17, 2010 at 21:54:00

Federal Circuit Grants Mandamus, Transfers Case Out of E.D. of Texas

Posted on December 29, 2008
It was bound to happen sooner or later. Initiating patent litigation in East Texas--and keeping it there--just got a littler harder. Today, the CAFC granted an extraordinary writ of mandamus filed by TS Tech. USA Corporation, transferring a patent case out of the E...

Patent Litigation Statisitics in Washington State 2008

Posted on December 21, 2008
Looking back on another year of patent litigation in Washington State, 2008 started out with a bang but fizzled to end the year down about 15% from last year , with a just 42 cases through December. Washington had more patent cases this year than its neighboring states, Oregon (19); Idaho (3); and Alaska (0), but its patent docket in 2008 was still considerably smaller than California's (413),

Chef'n Can't Halt Sales of Trudeau's Vegetable Steamer

Posted on December 17, 2008
In a case testing the scope of a design patent after the Federal Circuit's en banc decision in Egyptian Goddess v. Swisa, local food-appliance innovator, Chef'n Corporation, was recently unsuccessful in obtaining a preliminary injunction against competitor, Trudeau Corporation of Boucherville, Quebec, Canada...

Local Rule Changes USDC WDWA

Posted on December 12, 2008
As many of you already know, substantial changes to the local rules have been approved and will become effective January 1, 2009. In addition to these changes in local rules, which apply to everyone practicing in the WDWA, the district has adopted Supplemental Patent Rules that apply in all patent cases filed in this district...

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NVIDIA Settles Patent Dispute with Implicit Networks

Posted on December 10, 2008
Santa Clara-based NVIDIA Corporation, manufacturer of graphics-processor technologies for workstations, desktop computers, and mobile devices, settled a patent dispute today with Implicit Networks. Implicit is a small, Seattle-based company involved in computer software and licensing...

Western District Adopts Supplemental Patent Rules

Posted on December 05, 2008
From the Court's ECF system today: Please be advised that the court has adopted changes to its local general and civil rules. The court has also adopted supplemental patent rules. These changes to the local rules, as well as the supplemental patent rules, will take effect at 12:01 a...

Local Tooth Brush Maker Loses Motion for Preliminary Injunction

Posted on November 26, 2008
Apparently tooth brushes with rigid handles are a big problem for correctional facilities. Inmates routinely sharpen them into weapons to be used to stab and slash fellow inmates. Loops, LLC, solved this problem by developing a flexible toothbrush. (law professors take note, people are still coming up with new ways to make a toothbrush)...

FTC to Hold Public Hearings on IP

Posted on November 12, 2008
The Federal Trade Commission will hold a series of public hearings beginning on December 5 "to explore the evolving market for intellectual property." The FTC conducted a series of 24 hearings in 2002-03, leading up to its October, 2003 Report, "To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy...

In Re Bilski Decided

Posted on November 01, 2008
As many of you already know, the CAFC decided In Re Bilski this week. Some, including the PLI, claim that the decision spells the end of software patents. I completely disagree. In fact, the majority addressed the continued patentability of software specifically: "although invited to do so by several amici, we [also] decline to adopt a broad exclusion over software or any other such category

ZymoGenetics Settles Patent Spat with Bristol-Myers

Posted on October 29, 2008
This week in Seattle Biotech news, it was the best of times and the worst of times for ZymoGenetics (ZGEN). On Thursday last week, filings from the SEC reported that it had reached a settlement with Bristol-Myers Squibb Co. over a patent infringement suit concerning the rheumatoid arthritis drug, Orencia...

K2 Wins Partial Summary Judgment in Wide Short Ski Case

Posted on October 20, 2008
Inventor Paul Nelson sued K2 for infringement of his US Patent No. 5,603,522 covering a "Wide Short Ski." The specification was drawn to a shaped ski having a range of dimensions in length, side-cut radius, shovel width, and tail width. The claims at issue (added in a CIP) were for much narrower ranges than what was disclosed in the parent application's specification...

Seattle Patent Litigation Update: September 2008

Posted on October 15, 2008
Three new patent cases were filed in Seattle last month, all three assigned to Judge Pechman. September 26, 2008 Amphipod Inc v. Penguin Brands Inc Pechman September 16, 2008 Majestec 125 LLC v. Maritime Fabrications Inc Pechman September 12, 2008 Wistron Corporation v...

Guest Column on Extraterritoriality

Posted on October 07, 2008
This is the first in what I hope to be many guest columns. If you or anyone you know would like to post an article on WApatents.com, just send it to me for review. I reserve the right not to publish or to edit any articles you send me. Articles posted do not necessarily reflect my own views on the law; so if you disagree with something in a guest column, post a comment and contact the author.

Widevine Successfully Opposes Transfer Motion: Congestion in ED of Texas Cited

Posted on October 03, 2008
In a dispute between two competitors in the market for certain video encryption technology, Widevine v. Verimatrix (WDWA C08-1039 JLR), Judge Robart denied Verimatrix's motion to transfer the case to the Eastern District of Texas, Marshall Division, where Judge Ward is already prosiding over a case involving the same companies and a separate patent...

Philips Electronics Can't Overturn Interference Ruling

Posted on September 29, 2008
In the United States (at least for the time being), the first person to invent has superior rights in a dispute involving multiple claims covering the same subject matter. According to a decision by the USPTO's Board of Patent Appeals and Interferences, an inventor at Philips Electronics, Morgan, was not the first to invent certain defibrillator methods claimed in US Patent No...

CAFC Reverses WDWA Decision on Personal Jurisdiction

Posted on September 22, 2008
In Campbell Pet Co. v. Maile, the Federal Circuit reversed an order finding personal jurisdiction lacking over an out-of-state defendant who had attended a trade show in Seattle and made verbal threats of patent infringement litigation. This decision reverses Judge Leighton's decision finding personal jurisdiction absent under Federal Circuit law (see my previous post on this decision here, where

CAFC Rules in Egyptian Goddess: Point of Novelty Test Gone (sort of)

Posted on September 22, 2008
The Federal Circuit issued its en banc decision today in Egyptian Goddess, Inc. v. Swisa, Inc. (2006-1562). In a decision authored by Judge Bryson, the Court thoughtfully and carefully reviewed the history of the "point of novelty test," concluding that the test in its current incarnation "is of quite recent vintage" and holding that it "should no longer be used in the analysis of a claim of

Defendant Not "Entitled" to Discovery on Claim For Section 285 Fees

Posted on September 19, 2008
In a case where the underlying claims of infringement were dismissed voluntarily under Rule 41, Judge Jones recently ordered that a defendant was not entitled to take discovery in order to support a theory that the case was "exceptional" under 35 USC Section 285...

Can You Hear me Now? The Next Big VoIP Patent Battle will be Fought in Tacoma

Posted on September 12, 2008
It's been almost a year since Vonage, industry pioneer in VoIP and (after going from $17 at IPO to $1) current poster child for patent reform, settled allegations of patent infringement made by Sprint and Nortel (stories here and here) and more than a year since it was hit with a $58 M judgment following a jury's verdict of infringement and a potentially devastating injunction resulting from

Seattle Patent Litigation Update: August, 2008

Posted on September 04, 2008
While August was a relatively slow month for new cases in Seattle (only one, Laughing Rabbit Inc. v. OpticsPlanet, Inc (08-01176 JLR), area technology companies were busy elsewhere dealing with a variety of patent issues. Notably, Microsoft settled its dispute with Immersion Corp, obtaining a one-time payment of $20...

Seattle Patent Law Community Mourns the Passing of Lee Johnson

Posted on August 26, 2008
Friends, family, and local patent practitioners met yesterday to mourn the loss of Lee Johnson, a talented engineer and patent lawyer who spent over 35 years as named partner of one of Seattle's oldest IP boutiques, Christensen O'Connor Johnson Kindness (commonly referred to by the acronym COJK)...

Declaratory Judgment Case Against CRS LLC Dismissed on First to File Rule

Posted on August 24, 2008
In a case for declaratory judgment styled TGN, Inc. v. CRS LLC (08-680MJP), plaintiff TGN sought an order invalidating US Pat. 6,073,124 and declaring that certain software does not infringe. TGN is wholly owned by Turner Broadcasting System (TBS). Among others, TGN and TBS own and operate a website, GameTap...

Seattle Patent Litigation Update: July 2008

Posted on August 12, 2008
It was a very busy month in July for patent litigation. Here is the case list. July 29, 2008 Chef'n Corporation v. Trudeau Corporation WA Western Pechman Patent Federal Question Plaintiff: Chef'n Corporation; Defendant: Trudeau Corporation July 23, 2008 Northwest Agricultural Products, Inc...

BPAI Raises Stakes for In Re Bilksi and the Future of Software Patents

Posted on July 24, 2008
An excellent article by John Duffy, professor of law at George Washington University Law School, explains that two recent decisions from the USPTO's Board of Patent Appeals and Interferences (BPAI), Ex parte Langemyr (May 28, 2008) and Ex parte Wasynczuk (June 2, 2008) substantially raise the stakes for all interested parties in the Federal Circuit's en banc review of In re Bilski, a decision set

Claims Construction Order in Wide, Short Ski Case against K2

Posted on July 23, 2008
Judge Lasnik recently construed claims for US Patent No. 5,603,522 for a "Wide, Short Ski." The case is one for infringement brought by inventor Paul Nelson against K2 Corporation. The parties disputed six claim terms from independent claim 1. Not surprisingly, the patent here uses words of approximation, like "about" and "approximately" to describe some numerical measurement ranges...

Federal Circuit Vacates Exceptional Case Finding and Over $6 million Dollar Award of Attorneys Fees

Posted on July 18, 2008
Catching up on my reading, I notice that in May, the Federal Circuit affirmed in-part, remanded, and vacated in-part a judgment entered following a two-week bench trial here in Seattle between TALtech Limited and Esquel Apparel, Inc. involving US Patent No...

Seattle Patent Litigation Update (May-June 2008)

Posted on July 13, 2008
So my trial is now over. My posts will pick up and be more frequent. I'm happy to report a victory for one local inventor over Sears Roebuck and their advertising firm, Young & Rubicam. Jury returned a verdict for $1.7 million on Wednesday afternoon...

Trainman Lantern Company Wins Summary Judgment of Non-infringement

Posted on June 21, 2008
Some of you may remember my post about this case in March involving US 7,118,245 for a Trainman Lantern. The Plaintiff in this case, A.G. Design & Associates, LLC, sells patented lanterns to Burlington Northern Santa Fe and other railroads for use by trainmen and engineers...

Seattle Patent Litigation Update: May 2008

Posted on June 05, 2008
Things finally slowed down last month in terms of new patent case filings in the Western District. There was just one new case hitting the electronic docket in May, and it was actually filed in April, so it really doesn't count as a May filing. Since it didn't make April's list, I'll post it here...

Seattle Patent Litigation News

Posted on May 21, 2008
It's been a while since I've posted. I know both of you are disappointed (hi mom). Reason for the hiatus is that I've been preparing for trial. So expect my posts to be less frequent through about the end of July. There's still a lot to report on the local patent litigation front...

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