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Federal Circuit clarifies reissue recapture rule in MBO Labs v. Beckton, Dickinson & Co. dispute

Nutter McClennen & Fish LLP
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USA
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November 18 2010

The Federal Circuit affirmed in part and reversed in part the decision of the District Court (Tauro, J.) granting summary judgment for defendant Becton, Dickinson & Company (“B&D”) on the grounds that certain claims of plaintiff MBO Laboratories, Inc.’s (“MBO”) U.S. Reissue Patent No. 36,885 (the “RE ’885 patent”) were invalid for reissue recapture

Judge Gertner construes scope of patent related to prenatal screening for Down Syndrome

Nutter McClennen & Fish LLP
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USA
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November 18 2010

Plaintiff Perkinelmer, Inc. and its subsidiary (“Perkinelmer”) brought this action against Intema Ltd. (“Intema”) seeking a declaratory judgment that the patent-in-suit is invalid and not infringed

Court rules on numerous motions in patent spat related to LEDs, including motions addressing ownership, inventorship, validity, and enforceability

Nutter McClennen & Fish LLP
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USA
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November 18 2010

The District Court (Young, D.J.) ruled on more than ten motions, including a motion to dismiss, a motion to clarify claim constructions, and a number of motions for summary judgment filed by both Plaintiff Gertrude Neumark Rothschild (“Rothschild”) and the Defendant Cree, Inc. (“Cree”

$1.6 million judgment in favor of patentee in street-hockey ball lawsuit upheld

Nutter McClennen & Fish LLP
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USA
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November 18 2010

As reported in the AprilMay 2009 edition of the Patent & Trademark Bulletin for the District of Massachusetts, the district court awarded Plaintiff Gentile $1,897,650.84, which included treble damages for willful infringement of the patent-in-suit concerning a street hockey ball partially filled with non-toxic liquid antifreeze

Gore wins summary judgment of non-infringement in case brought by Millipore

Nutter McClennen & Fish LLP
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USA
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November 18 2010

Plaintiff Millipore Corporation (“Millipore”) brought this action against Defendant W.L. Gore Associates, Inc. (“Gore”) for infringement of U.S. Patent No. 7,293,477 (the “’477 patent”), concerning fluid sampling devices and kits comprising of components of same

Bose only wins half the battle on summary judgment regarding patent validity

Nutter McClennen & Fish LLP
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USA
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November 18 2010

Plaintiff Bose Corp. (“Bose”) filed suit against Defendant Lightspeed Aviation, Inc. (“Lightspeed”) alleging that Lightspeed’s Zulu ANR Aviation headsets infringe U.S. Patent No. 5,181,252, entitled “High Compliance Headphone Driving” (the “’252 patent”

District court engages in claim construction of means-plus-function claim

Nutter McClennen & Fish LLP
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USA
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November 18 2010

Plaintiff Atlantic Research Marketing Systems, Inc. (“ARMS”) brought this suit against Defendant Austin Precision Products, Inc. (“Austin”) alleging infringement of U.S. Patent No. 4,845,871

Fenwal Inc. obtains reversal of $15.6 million at the Federal Circuit

Nutter McClennen & Fish LLP
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USA
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November 18 2010

On June 2, 2010, the Federal Circuit vacated a $15.6 million jury verdict for Haemonetics Corp. (“Haemonetics”) awarded in its lawsuit against Fenwal Inc. and Baxter Healthcare Corp. (collectively “Fenwal”) for infringement of U.S. Patent No. 6,705,983 (the “‘983 patent”

The district court issues claim construction ruling in patent dispute over device for mounting firearm accessories

Nutter McClennen & Fish LLP
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USA
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November 18 2010

The District Court (Posnor, D.J.) issued a memorandum and order construing various disputed terms and phrases in the claims of U.S. Patent Number 7,356,152, and ruling on indefiniteness

Computer game creator wins fight to litigate in the Commonwealth, but loses preliminary injunction

Nutter McClennen & Fish LLP
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USA
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November 18 2010

The District Court (Gorton, D.J.) denied the Defendant’s motion to dismiss and denied the Plaintiff’s motion for preliminary injunction