Bayer Schering Pharma v. Barr Labs By Aaron Dulles – Edited by Evelyn Breithaupt Bayer Schering Pharma AG and Bayer Healthcare Pharm., Inc. v. Barr Labs., Inc., No. 2008-1282 (Fed. Cir. Aug. 5, 2009) Slip Opinion On August 5, 2009, a Federal Circuit panel affirmed the decision of the District of New Jersey, which had found Bayer’s U.S. Patent No. 6,787,531 (“’531 Patent”) invalid because of obviousness. The ’531 Patent concerns a formulation of the well-known contraceptive drug drospirenone. The ... Read More...

By Aaron Dulles – Edited by Stephanie Weiner Epistar Corp. v. International Trade Commission, May 22 2009, No. 2007-1427 (slip opinion) (hosted by PatentlyO) On May 22, the Federal Circuit affirmed in part, reversed in part, and remanded an ITC decision in Philips Lumileds Lighting Company (Lumileds)’s infringement action against Epistar and the United Epitaxy Company (UEC). The ITC had held that Epistar infringed Lumileds’s US Patent no. 5,008,718, concerning certain types of light-emitting diodes (LEDs), and issued a Limited ... Read More...

Pennsylvania District Court Dismisses Boring v. Google, Inc. By Aaron Dulles – Edited by Jay Gill Boring v. Google, Inc. Western District of Pennsylvania, February 17, 2009, No. 08-694 District Court Memorandum Opinion A magistrate judge in the Western District of Pennsylvania dismissed all claims by Aaron and Christine Boring against Google for photographs taken of the Borings’ house and pool for use in the Street View feature of Google Maps. The Borings had filed suit in April 2008 after discovering ... Read More...

Non-Precedential ‘Win’ for Record Labels: 9th Circuit Denies Attorney’s Fees for Voluntarily Dismisse Defendant By Sharona Hakimi – Edited by Aaron Dulles Interscope Records v. Leadbetter, February 6, 2009,  No. 07-3582 Court of Appeals Ruling District Court Ruling On February 6, 2009, the Ninth Circuit Court of Appeals affirmed the decision of a W.D. Washington District Court denying defendant Dawnell Leadbetter’s motion for attorney’s fees and costs. In December of 2006 a group of recording companies voluntarily dismissed their claims against ... Read More...

Federal Circuit Affirms Judgment Against Qualcomm, Limits Remedy of Patent Unenforceability By Aaron Dulles – Edited By Stephanie Weiner Qualcomm Inc. v. Broadcom Corp., Federal Circuit, December 1, 2008, No. 2007-1545 & 2008-1162 Slip opinion On December 1, 2008, the Federal Circuit affirmed in part the District Court for the Southern District of California, no. 05-CV-1958, holding that Qualcomm breached its duty to disclose relevant video-compression technology patents during its participation in a standards-setting organization (“SSO”). However the Federal Circuit ... Read More...