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25 Aug, 2008 4:10 am by Donald Zuhn
... redefining its declaratory judgment jurisdiction jurisprudence ever since the Supreme Court's Medimmune, Inc. v. Genentech, Inc. decision. These cases have included SanDisk Corp. v. STMicroelectronics, Inc., Teva Pharmaceuticals USA, Inc. v. Novartis Pharmaceuticals Corp., Benitec Australia, Ltd. v. ... Corp. The trend continues, albeit in a nonprecedential opinion, in Merck & Co. v. Apotex Inc. In a per curiam decision from a panel made up of CAFC Judges Mayer and Linn and...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
26 Mar, 2007 9:05 am by Barry Barnett
... the Federal Circuit may encourage patent holders to sue for infringement first and discuss settlement later. In SanDisk Corp. v. STMicroelectronics, Inc., 05-1300 (Fed. Cir. Mar. 26, 2007), the court reversed dismissal of SanDisk's declaratory judgment lawsuit for lack of a "case or controversy" between SanDisk and STMicroelectronics over infringement of ST's flash memory patents -- despite ST's unilateral promise, during licensing negotiations, not to ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
2 Jun, 2008 8:11 am by Michael Smith
... purpose of the Patent Rules, which is to effectuate an orderly and efficient pretrial process. STMicroelectronics, Inc. v. Motorola, Inc., 307 F.Supp.2d 845, 849 (E.D.Tex.2004) (Davis ... loopholes through which parties may practice litigation by ambush." Finsar Corp. v. DirectTV Group, Inc., 424 F.Supp.2d 896, 901 (quoting IXYS Corp. v. Advanced Power Tech., Inc., 2004 WL 1368860 * 3 (N.D.Cal. June 16, 2004)). Allowing MASS to serve its untimely invalidity contentions would open the floodgates for ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
24 Jan, 2007 10:18 am by Bill Heinze
In Nightlight Systems, Inc. v. Nitelites Franchise Systems (Order dated January 4, 2007) United States District Judge Pannell of the Northern District of Georgia denying defendants' ... " is not generic. This presumption of validity, however, is rebuttable. See Nartron Corp. v. STMicroelectronics, Inc., 305 F.3d 397, 405 (Fed. Cir. 2002). "Its only function is ... has been performed the presumption drops out of the case." Door Systems, Inc. v. Pro-Line Door Systems, Inc., 83 F.3d 169, 172 (7th Cir. 1996 ...
I/P Updates - http://ip-updates.blogspot.com
13 Oct 2:00 am by David Johnson
... attention to prior WIPO and NAF decisions. A case in point was the recent decision in Wilcox Associates, Inc. v. Xspect Solutions, E.D.Mich, Case No. 08-14695 (Sept. 24, ... , and (2) that the plaintiff's delay caused prejudice to the defendant. Natron Corp. v. STMicroelectronics, Inc., 305 F.3d 397, 408 (6th Cir. 2002). In the 6th Circuit, if ... that the delay prejudiced Xspect. See Herman Miller v. Palazzetti Imports and Exports, Inc., 270 F.3d 298, 321-22 (6th Cir. 2001) (delay prejudices defendant ...
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
24 Jan, 2007 12:27 pm by Michael Smith
STMicroelectronics, Inc. v. Sandisk Corp., 2006 WL 1867934(E.D.Tex. Jun 23, 2006) (NO. 4:05CV44) Judge: Don Bush Holding: Motion for Summary Judgment of Noninfringement Recommended GRANTED Judge Bush recommended that SanDisk's motion for summary judgment on noninfringement be granted. As readers may recall, this is the report and recc that Judge Schell recently adopted, ending this case with a summary judgment of noninfringement.
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
24 Jan, 2007 12:23 pm by Michael Smith
STMicroelectronics, Inc. v. Sandisk Corp., 2006 WL 1624534, E.D.Tex., June 12, 2006 Judge: Don Bush Holding: STM's Motion for Summary Judgment on Sandisk's Four Affirmative Defenses Recommended DENIED STM sought summary judgment on SanDisk's four affirmative defenses of inequitable conduct, patent misuse, laches and equitable estoppel. Judge Bush recommended that all four motions be denied.
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
30 Mar, 2007 2:56 pm by Phil
... Hamilton provided an Intellectual Property Alert today, March 30, 2007: On Monday, March 26, 2007, the Federal Circuit issued a decision that has fundamentally changed the standard for bringing a declaratory judgment action in patent cases. SanDisk Corp. v. STMicroelectronics, Inc. (Civ. No. 05-1300). Under the new standard, declaratory judgment cases can be brought much more easily, even in the context of ongoing ...
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
1 Apr, 2007 2:12 pm
Thanks again to our friends at Duane Morris we learn that one federal circuit court has lowered the threshhold for declaratory judgment jurisdiction in patent actions. SanDisk Corp. v. STMicroelectronics, Inc., et al., No. 05-1300 On March 26, 2007, the...
Settle It Now Negotiation Blog - http://www.negotiationlawblog.com/
1 Apr, 2007 11:46 pm by Mark Reichel
... posting covers the first three patent cases that were appealed from the district court level and decided by the Federal Circuit during the 13th calendar week of 2007. All opinions are precedential unless otherwise indicated. Sandisk Corp. v. Stmicroelectronics, Inc., et al. (03/26/2007): appeal of grant of motion to dismiss claims relating to declaratory judgment action of noninfringement and invalidity for failure to ...
Daily Dose of IP - http://dailydoseofip.blogspot.com
3 Apr, 2007 9:06 pm by Michael Gorman
Last Monday, the CAFC removed any doubt as to the status of its previous test for finding an Article III case or controversy in SanDisk Corp. v. STMicroelectronics, Inc.
Tech LawForum - http://www.techlawforum.net
13 Apr, 2007 10:00 am by Michael Smith
STMicroelectronics, Inc. v. Sandisk Corp., 2007 WL 951655(E.D.Tex. Mar 26, 2007) (NO. 4:05CV45) Judge: Don Bush Holding: Motion for Summary Judgment on Patent License Defense GRANTED Sandisk and STM both filed Motions for Summary Judgment on the issue of whether Toshibia's license agreement with STM insulated Sandisk from STM's infringement claims as to two of the patents in suit. Judge Bush agreed that SanDisk did have a license for the patents via the Toshiba license ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
2 Jun 2:31 pm
STMicroelectronics N.V. v. Agere Sys., Inc., C.A. No. 08C-09-099 MMJ (Del. Super. May 19, 2009) (applying New York law per choice of law provision) This case illustrates the series of events that may arise when a subsidiary is party to a licensing agreement, but its parent is not. Here, the licensor sued the parent company for patent infringement in the Eastern District of Texas and before the International Trade Commission. In response, the parent and subsidiary brought this ...
Delaware Business Litigation Report - http://www.delawarebusinesslitigation.com/
20 Dec, 2008 3:00 am
... further guidance on means-plus-function: Welker Bearing Co v PHD, Inc (Peter Zura's 271 Patent Blog) (Patently-O) (Patent Prospector) ... over Nunchuk controller (Law360) (Patents Prospector) (Seattle Trademark Lawyer) OPTi - STMicroelectronics reaches settlement with OPTi in infringement suit over two patents related to compact ... Allegation of registration without certificate sufficient for copyright claim: Stereo Optical Co, Inc v Judy (Chicago Intellectual Property Law Blog) US Copyright - Lawsuits ...
IP Thinktank - http://duncanbucknell.com/blog
27 Apr, 2007 8:24 am
So we've officially got a patent reform bill in the 110th Congress (both Crouch and Zura have excellent summaries). Hearings are even underway. So now we've all got to watch Congress like a pot of water on the stove, right? I say no. Right now, Congress is last in line in the patent reform debate, in my eyes. Why's that, you ask? It's simple, really. The question we wanted to have answered by the first reform bill in the 110th Congress is this: How much progress has been made to overcome the ...
Promote the Progress - http://promotetheprogress.com/
20 Jun, 2008 8:07 am
... collide in dispute over Allos domains: Pankajkumar Patel v Allos Therapeutics Inc: (IPKat), Dispute between estate of CS Lewis and Scottish couple over ... Prospector), (IP Law360), Intel - Fast Memory Erase sues Intel, Nokia, STMicroelectronics, Sony Ericsson, Spansion, Numonyx and Motorola for wilful infringement of two patents ... available for series of infringements where work was registered after first infringement: Derek Andrew, Inc v Poof Apparel Corp: (IP Law Observer), Pressure Products Medical ...
IP Thinktank - http://duncanbucknell.com/blog
25 Oct, 2008 12:18 am
... - Antitrust counterclaim survives in flash memory patent suit brought by SanDisk against STMicroelectronics (Law360) Sony Electronics - Trans Video Electronics files patent infringement lawsuit against ... (Law360) Trade mark plaintiff must specifically plead confusion: Aller-Caire Inc v Am. Textile Co (Chicago IP Litigation Blog) TTAB precedential ... cigars made from Cuban seed tobacco: Corporacion Habanos SA v Anncas, Inc (The TTABlog) GOTHAM BATMEN strike out: TTAB finds fraud, sustains opposition ...
IP Thinktank - http://duncanbucknell.com/blog
8 Feb 8:07 pm by Stephen Albainy-Jenei
... protect their patent portfolios. Who: Julia Elvidge, Chipworks President, Chipworks Lisa Jorgensen, Vice President of Intellectual Property, STMicroelectronics Robert Rodriguez, Senior IP Licensing Counsel, Freescale Semiconductor Where: LES 2009 Winter Meeting Westin Riverwalk Hotel San Antonio ... 2009 2:00 - 3:15 p.m. Workshop Session 1 More Info: Phyllis Grabot Corridor Communications, Inc. 805.341.7269 or Phyllis@corridorcomms.com Founded in 1966, the Licensing Executives Society (U.S.A. & ...
Tags: Conferences
Patent Baristas - http://www.patentbaristas.com/
21 May, 2006 6:16 am by ipinsource.com
... June 19, 2006. Mr. Skippen will be leaving to take on the role of President and Chief Executive Officer of Wi-LAN Inc. 'Jim has made major contributions to MOSAID's success, particularly in the negotiation of patent licenses and in the assertion of our ... . Skippen. Mr. Galanthay has over 35 years of experience in managing intellectual property matters for premier global companies such as IBM, STMicroelectronics and Harris Corporation, and has served as a Director of MOSAID since September 2005."
TECHtransfer101 - http://techtransfer101.blogspot.com
6 Jul, 2007 5:42 am by Phil
Mark LaPedus reported at EE Times on July 3, 2007: Opti Inc. has filed a patent infringement lawsuit against eight chip makers. The suit, filed in the U.S. District Court for the Eastern District of ... both entitled "Compact ISA-Bus Interface." The complaint alleges that Advanced Micro Devices, Atmel, Broadcom, Renesas, Silicon Storage Technology, SMSC, STMicroelectronics and VIA have infringed the patents by making, selling, and offering one or more of the following products: core logic chipsets, ...
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
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