Federal Judiciary

Magistrate Judge Mary Pat Thynge: Summary Judgment Granted - No Willful Infringement Under Seagate Standard
In what is one of the first lengthy discussions on willful infringement from this District since the Federal Circuit issued its opinion in In re Seagate Tech., LLC, 497 F.3d 1360 (Fed...

Summary Judgment Granted For Microsoft on Patent Claims brought by Veritas
Judge Coughenhour adopted findings by the special master and granted Microsoft's motion for partial summary judgment on Veritas' claim for infringement of US Patent No. 5,469,573. Here is a summary of the decision from Jurisnotes and a link to the order's text: Veritas sued Microsoft for patent infringement and related claims; the court adopted the report of the special master recommending that

Summary Judgment Granted in Beverage Can Case
On December 21, 2007, Magistrate Thynge granted summary judgment to Reexam Beverage Co. finding that two claims of US Patent No. 5,697,242 were infringed. Crown Packaging Tech. Inc...

Understanding the risk that a judgment for willful IP infringement may be discharged in bankruptcy
When a patent, copyright, or trademark holder wins a judgment for infringement of that IP, and the court awards extra damages because the infringement is willful, the judgment could be at risk if the infringer enters into bankruptcy...

Surgical Trainer Patent Case Headed for Trial in October
Simulab Corp. will get a jury this fall to decide claims for infringement of U.S. Patent No. 6,780,016, a patent for a "Human Surgical Trainer and Methods for Training." Infringement claims are being asserted against Synbone AG, a Swiss company...

Statutory Damages Were Not Available for Series of Infringements Where Work Was Registered After 1st Infringement
Case: Derek Andrew, Inc. v. Poof Apparel Corp., No. 07-35048, Ninth Circuit, June 11, 2008The One Sentence Summary: Statutory damages for copyright infringement were not available where the first infringement in a series occurred before registration...