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26 Oct, 2007 2:19 pm by Phil
... LG Electronics also include popular names like Kingston Technology, Silicon Motion Technology, Apacer Technology, Imation Corp, Buffalo and PNY Technologies among others. The suit is for the technology that controls the communication between the memory and the ... players based on flash memory. If the companies listed in the lawsuits do not agree to to pay license fees to SanDisk in order to use the technology the company will plan to continue to seek legal damages and to ban the companies from ...
Tags: China
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
27 Mar, 2007 12:53 am by Two-Seventy-One Patent Blog
SanDisk Corp. v. STMicroelectronics (05-1300) March 26, 2007 SanDisk is in the flash memory storage market. ST has a sizable portfolio of patent related to flash memory storage products. In 2004, ST sent a ... was nothing on the record to indicate that it could be properly considered an "offer" to settle a claim which was then in dispute. Thus, SanDisk could rely on the licensing discussions and infringement study to support its claim for declaratory judgment. According to the CAFC, "[t]o avoid the ...
Two-Seventy-One Patent Blog - http://271patent.blogspot.com
26 Mar, 2007 9:05 am by Barry Barnett
... 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), ... patents -- despite ST's unilateral promise, during licensing negotiations, not to sue SanDisk. In footnote 1, the court suggests that ST could have avoided the result by getting SanDisk to ... If he balks, tell him "sorry, mate, but I can't risk it. SanDisk leaves me no choice." Otherwise, you may find yourself litigating, as ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
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 ... 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 agreement, and thus granted SanDisk's ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
25 Aug 12:37 pm by Tom Fisher
... No. 337-TA-619). This investigation was instituted on December 12, 2007, based on the complaint of SanDisk Corp. of Milpitas, California. According to the Notice, over 50 respondents were named in ... media players and products containing same of claims 17, 24, and 30 of SanDisk's U.S. Patent No. 6,763,424 (the '424 patent) or ... S. Patent No. 7,137,011 (the '011 patent). On May 4, 2009, SanDisk and the Commission Investigative Staff filed petitions for review of the ID, the remaining respondents in ...
ITC 337 Law Blog - http://www.itcblog.com
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/
26 Oct 4:38 pm by Eric Schweibenz
... our April 14 and August 25 posts, this investigation was instituted on December 12, 2007, based on the complaint of SanDisk Corp. ("SanDisk") of Milpitas, California. According to the notice, over 50 respondents were named in the complaint, and ... by the ALJ." The Commission further determined that "[g]iven the Commission's affirmance of the ALJ's determination that SanDisk failed to establish that the accused controllers infringe claim 17 of the '424 patent, the Commission declines to reach the ...
ITC 337 Law Blog - http://www.itcblog.com
22 Apr 7:06 pm by Phil
... & Richardson press release at Marketwire: Fish & Richardson has won an International Trade Commission (ITC) ruling for Phison Electronics Corp., a large Taiwanese electronics company that manufactures flash memory products, in a patent infringement case brought by SanDisk Corp. On April 10, 2009, an Administrative Law Judge in the ITC issued an initial determination finding no infringement by Phison products. The ITC case ...
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
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/
30 Mar, 2007 2:56 pm by Phil
... 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 ... risks to patentees seeking to enforce their patent rights, whether by proffering a license to an accused infringer, as in the situation in SanDisk, or even simply by issuing a cease-and-desist letter. Thus, patent holders are well advised to seriously ...
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
1 Apr, 2007 11:46 pm by Mark Reichel
... 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 ... to declaratory judgment jurisdiction because "ST sought a right to a royalty under its patents based on specific, identified activity by SanDisk"; discussion of promise not to sue for patent infringement; district court's dismissal of declaratory judgment action improper EON- ...
Daily Dose of IP - http://dailydoseofip.blogspot.com
25 Aug, 2008 4:10 am by Donald Zuhn
... 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. Nucleonics, Inc., Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc., and just last week, Prasco LLC v. Medicis Pharmaceutical Corp. The trend continues, albeit in a nonprecedential opinion, in Merck & Co. v. Apotex Inc. In a ...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
2 Feb 6:38 am by Lawrence B. Ebert
... [or] (2) a surgical incision." Kinetic Concepts, Inc. v. Blue Sky Med. Corp., No. 03-CV-0832, at 5 (W.D. Tex. June 28, 2005) (" ... not expressly point out, but that would nonetheless be covered by the claim term "wound." See SanDisk Corp. v. Memorex Prods., Inc., 415 F.3d 1278, 1284 (Fed. Cir. 2005); Amgen Inc. v. Hoechst Marion Roussel, Inc., 314 F.3d ... invention be limited to encompass all of them." E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1370 (Fed. Cir. 2003). ***See also http://ipbiz. ...
IPBiz - http://ipbiz.blogspot.com
26 Oct, 2007 1:00 am
... go forward, but the court declined to stay CSIRO's pending cases against Marvell customers Microsoft Corp. and Toshiba American Information Systems Inc. (IP Law360), LG Electronics Inc. has settled a lawsuit ... brought against China's number-one television maker over digital television patents (IP Law 360), SanDisk Corp. has filed patent actions against 25 flash memory companies to stop the manufacture, sale or import of their allegedly infringing products: (IP Law 360). Paroxetine - Mylan enters ...
IP Thinktank - http://duncanbucknell.com/blog
4 Mar, 2008 3:04 am by Bill Heinze
... Cir. 2007) (remand of district court's dismissal of declaratory judgment action); Teva Pharms. USA, Inc., Novartis Pharms. Corp., 482 F.3d 1330 (Fed. Cir. 2007) (reversal of district court's dismissal of declaratory judgment action); SanDisk Corp., 480 F.3d 1372 (remand of district court's dismissal of declaratory judgment action). The resulting ease of achieving declaratory judgment jurisdiction in patent cases is accompanied by unique challenges. For instance, the ...
I/P Updates - http://ip-updates.blogspot.com
7 Apr, 2008 10:55 am by David Bruns
... covenant not to sue. In a split decision, the Federal Circuit reversed. The majority first noted that the Supreme Court in MedImmune Inc. v. Genentech Inc. (February 2007) and the Federal Circuit in SanDisk Corp. v. ST Microelectronics, Inc. (March 26, 2007) and Teva Pharmaceuticals USA, Inc. v. Novartis Pharmaceuticals Corp. (March 30, 2007) had broadened the test for determining whether a case or controversy existed beyond the "reasonable apprehension of ...
Tags: Patent
IP Blawg - http://iplaw.blogs.com/content/
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/
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
14 Aug, 2007 6:13 am
... was no actual controversy, the court pointed out that the plaintiff provided no evidence that the defendants "had ever sued anyone" on their patents. Further, in SanDisk Corp., the Federal Circuit declined to hold that the patentee's statement that it had "absolutely no plan whatsoever to sue" the plaintiff eliminated the justiciable controversy created by patentee's actions; rather, the court concluded that the patentee "engaged in a ...
Two-Seventy-One Patent Blog - http://271patent.blogspot.com
30 Oct 5:50 am
... strategic steps Apple - Nokia asserts 10 patents against Apple relating to iPhone (IPKat) (Tangible IP) (IAM) Memorylink - Memorylink gets to fight another day in patent inventorship dispute Memorylink Corp v Motorola Inc (Property, intangible) Sandisk - ITC throws out Sandisk's attempts to prevent imports of flash memory into the US (The IP Factor) SiRF Technology - Federal Circuit to hear oral argument in SiRF Technology appeal ...
IP Thinktank - http://duncanbucknell.com/blog
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