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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.
Post Frequency: 1.4/day Last Entry: March 17, 2010 at 21:54:00 Recent Entries: 143
By Mark Walters
Go to Washington State Patent Law Blog, find other Patent Law blogs, or browse all law blogs.
Seattle Patent Litigation Report: April 2008
Posted on May 10, 2008April was a very busy month for patent litigation in the Western District of Washington. Wacom settled its patent dispute with competitor, Hanvon, Microsoft and Veritas settled their decade old database dispute, and there were seven new cases filed...
All Eyes On Translogic's Patent Appeal to Supreme Court
Posted on May 06, 2008Normally, a party who loses its appeal at the Federal Circuit has little hope of the Supreme Court accepting its case on a petition for Certiorari. Even with increased activity by the Supreme Court reviewing patent cases in the last two years, chances of having review granted by the Supreme Court are less than 1 in 1000...
Unigen Agrees to Consolidate Three Pending Cases
Posted on May 05, 2008Unigen Pharmaceuticals, maker of an herbal supplement Univestin (a blend of flavans from Acacia catechu and flavanoids from Chinese Skullcap (Scutellaria Baicalensis)) agreed Friday to consolidate three pending cases for infringement of US Patent No. 7,192,611...
New Study Says Western District's Claim Construction Decisions Get Reversed Nearly 40% of the Time
Posted on April 30, 2008A study published recently in the Michigan Law Review says that claim construction decisions by the Western District of Washington were reversed by the CAFC 38.9 % of the time during the time period April 24, 1996 (the date of the Supreme Court's decision in Markman) and June 30, 2007...
Subject Matter Jurisdiction After MedImmune
Posted on April 25, 2008Yesterday, Judge Jones issued a decision that required the Court to "traverse uncharted territory between the Supreme Court?s decision in MedImmune, Inc. v. Genentech, Inc., 127 S.Ct. 764 (2007), and the Federal Circuit?s decision in Monsanto Co. v. Bayer Bioscience N...
Washington State Patent Law Association Files Amicus Brief in Bilski
Posted on April 21, 2008On April 4, 2008 the Washington State Patent Law Association (WSPLA) filed an amicus brief in support of Petitioner Bernard L Bilksi and Rand A Warsaw in the case currently under en banc consideration by the CAFC, In re Bilksi. My earlier posts on this case can be found here and here...
Crocs Suffers Major Setback at the ITC
Posted on April 16, 2008Because of my involvement in this case as counsel for local shoe designer, Australia Unlimited (maker of the NOTHINZ brand of foam clog), I'll limit my post to reporting the fact that Crocs has suffered a major blow in its case at the ITC. By way of background, Crocs filed a complaint at the ITC over two years ago claiming that a number of other providers of foam clogs were infringing its IP
Report for Washington State Patent Cases: March 2008
Posted on April 09, 2008Patent case filings in Washington State remained strong through March. There were four cases filed total; three in the Western District and one in the Eastern District. This is one better than March 2007, which only had three patent cases total. So far, Washington is substantially ahead of where it was last year at this time in terms of the number of patent cases filed...
AIPLA Submits Amicus Brief in Bilski Case, Arguing for Broad Patentable Subject Matter
Posted on April 08, 2008Here is a Link to the AIPLA Brief in the Bilski case. My post on this case is found here. This is from the AIPLA post on the case: AIPLA on April 7, 2008, filed an amicus brief with the en banc Federal Circuit, arguing that it is improper to apply the subject matter categories at 35 U...
Jury Hits Microsoft with Patent Infringement Verdict of $367 million
Posted on April 06, 2008A San Diego, CA jury returned a verdict last Friday against Microsoft in its patent infringement suit with Alcatel-Lucent. The amount: $367 million. Check out my previous post on this case to get some more background. The patents at issue all involve video coding technology as well as patents related to a form entry system, algorithms for gesture recognition and commands to select video display
Patent Case for Wrist Apparatus Stayed Pending Reexamination
Posted on April 02, 2008Belkin, Inc., a leading manufacturer of accessories for the electronics industry, won its motion to stay a patent infringement case filed by Prokop Labs, LLC for infringement of US 5,566,913, for a "Wrist Apparatus." Several other manufacturers and retailers were sued...
Judge Cacheris Grants GSK's and Tafas' Motions for Summary Judgement
Posted on April 01, 2008Most patent practitioners are rejoicing today. The proposed new USPTO rules will will remain blocked, at least for now. Judge Cacheris from the U.S.D.C., E.D. of Virginia issued a decision today granting GSK's and Mr. Tafas' motions for summary judgment...
Plaintiff Ordered to Produce More Specific Infringement Contentions
Posted on March 28, 2008The Plaintiff in the case Gebr. Tigges Gmbh & Co. KG v. EYS Metal Sanayi Ltd. (C07-1673) (Lasnik, J.) was ordered to produce more specific infringement contentions in response to the Court's scheduling order calling for "preliminary infringement contentions...
Preliminary Injunction in Tacoma Lantern Case Reversed by the CAFC
Posted on March 24, 2008In this case for infringement of US 7,118,245, the USDC, WDWA in Tacoma granted the plaintiff's motion for preliminary injunction on July 3, 2007. In ordering the preliminary injunction, the district court (Judge Burgess) noted that expert testimony provided that the accused device was "identical in all respects (within + or - ...
Bamboo Flooring Defendant Gets a Second Chance to State Fraud and Antitrust Defenses
Posted on March 21, 2008Defendant Smith & Fong Company, a California provider of bamboo furniture and building products, including bamboo flooring under the name PLYBOO, was sued last December by Teragren, LLC for infringement of U.S. Patent No. 5,543,197, "Parallel Randomly Stranded Laminated Bamboo Boards and Beams...
Microsoft's Data Base Patent Invalidated in Suit with Veritas
Posted on March 15, 2008As predicted in my earlier post on this case, Judge Coughenhour accepted findings by the special master and invalidated Microsoft's U.S Patent No. 5,558,147. The case is not over by any means. Microsoft is positioned quite well for the upcoming May 2008 trial with total damages on the contract claims capped at $4,000,000...
Claims Construction Order on Alliance Packaging v. Smurfit-Stone Container Corp.
Posted on March 14, 2008In this case, Plaintiff Alliance Packaging asserts infringement of U.S. Patent No. 7,156,287 against Altivity Packaging LLC. The patent-in-suit is for a container with a spout. Judge Zilly recently held a Markman hearing and construed the following terms of the '287 patent claims: "lower side" "acute angle" and "cover the concavity...
Cisco and Rick Frenkle (a.k.a. Patent Trolltracker) Sued for Defamation
Posted on March 12, 2008Michael Smith is reporting that the recently unmasked "patent TrollTracker," Rick Frenkle, has been sued along with his company Cisco by attorney John ("Johnny") Ward, Jr. of Ward and Smith in Longview, Texas. The allegations originate with a post by trolltracker regarding the filing date of a complaint Ward filed against Cisco for patent infringement in October last year...
Summary Judgment Granted For Microsoft on Patent Claims brought by Veritas
Posted on March 10, 2008Judge 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
Western District Patent Case Filings Remain Strong through February
Posted on March 04, 2008Patent case filings in Seattle and Tacoma remained strong through February following a red-hot January. While there weren't half as many filings as in January, February 2008 saw four patent cases filed in Seattle and Tacoma, that is more than February 2007 which saw only three and more than February 2006, which also had only three...
Judge Jones Accepts Claim Interpretation "Proffer" on Motion for Summary Judgment
Posted on February 29, 2008Reports by Special Master in Veritas v. Microsoft Patent Litigation May Narrow Issues for May 2008 Trial
Posted on February 12, 2008Western District Sees Significant Uptick in Patent Cases Filed For January 2008
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