Washington State Patent Law Blog

Patent Reform 2011

2011-03-03T13:42:00.000-08:00

By Andrew Wasson Congress moved closer towards the passage of a major overhaul to the Patent Act on March 1, 2010 with a bi-partisan manager’s amendment to S. 23 (now titled, the “America Invents Act” or in this memo, “the Act”). While failed attempts to effectuate patent reform stretch back to at least 2005, Senator Leahy introduced S. 23 on January 25, 2011. The Judiciary Committee ordered

Amicus Briefs filed in Global Tech v. SEB

2010-12-14T08:44:00.000-08:00

On December 6, 2010, Frommer Lawrence & Haug LLP filed a Brief of Amicus Curiae in Support of Neither Party on behalf of the Federal Circuit Bar Association with the Supreme Court of the United States in Global-Tech Appliances, Inc. and Pentalpha Enterprises, Ltd. v. SEB S.A. (10-6). The Court’s ruling in this case will decide the legal standard for the state of mind element of a claim for

Microsoft Wins Mandamus at the CAFC: Allvoice Suit Headed to Washington State

2010-11-10T08:04:00.000-08:00

The CAFC granted mandamus yesterday, overruling a decision by Judge Davis (U.S.D.C. Eastern District of Texas) to let a software patent infringement suit against Microsoft continue in Texas rather than Washington state. According to the ruling (per curium by Judges Newmanm Friedman, and Lourie), all individuals identified by Microsoft as having material information relating to the patents reside

Case Transferred to South Carolina

2010-11-04T14:53:00.000-07:00

In a case involving allegations of infringement of U.S. Patent No. 6,886,836 for a "Miter Saw Utility Vehicle," Judge Pechman recently granted Defendant Techtronic Industries, Co. Ltd.'s motion to transfer venue under 28 U.S.C. Section 1404 to the District of South Carolina. The Court's reasons for transfer were simply that "Plaintiffs have minimal contact with this forum and TTi [the

Judge Ward's Retirement Highlights Need for Increased Judicial Pay

2010-10-18T15:57:00.000-07:00

According to Micheal Smith's ED of Texas blog, Judge Ward from the Eastern District of Texas will not accept an offer to continue judging on senior status, but will instead retire from the bench entirely to resume the practice of law with his son Johnny Ward in Longview, Texas. Taking the bench in 1999 as a Clinton nominee, Judge Ward presided over a dramatic increase in patent infringement

Seattle Patent Litigation Update October 2010

2010-10-13T08:39:00.000-07:00

So I'm back to blogging after a six month hiatus. Several factors contributed to this languorous pause, including (in no particular order and definitely not exhaustive), the break-up of Darby & Darby PC after 115 years in business (for more on this read here), the starting of a new West coast office of Frommer Lawrence & Haug (reminder that this blog is a personal blog and it does not reflect

Judge Jones Construes Claims in Toyota Hybrid Case

2010-03-17T17:54:00.000-07:00

In a case that features Hollywood's David-versus-Goliath story of inventorship (for example see this link), independent inventor Conrad Gardner is suing Toyota for patent infringement of his U.S. Patent No. 7,290,627. The ‘627 Patent covers hybrid vehicle technology for automobiles. Specifically, the patent relates to the use of an internal combustion engine and a separate electric motor for

Goodbye and Thanks to Sam Darby

2010-03-12T15:22:00.001-08:00

The son of James T. and Ellen Doran (Dunman) Darby, Sam Darby was born in Falcon, Arkansas, February 4, 1867. In the fall of 1882, he went to Annapolis, Maryland, as a cadet in the US Naval Academy. He left the Navy after graduation in 1886. Two years later, he started his undergraduate at Georgetown in Washington, D.C., finishing in 1891, with an LL.B and LL.M in law. During law school, he

Cordance Wins JMOL in Amazon One-Click Patent Suit

2010-02-22T16:22:00.000-08:00

Looks like local software company, Cordance may get a chance to have a jury determine the amount of damages Amazon owes for infringing certain patents covering aspects of the popular One-Click ordering system. In a case pending in USDC, District of Delaware, Cordance Corporation v. Amazon.com, Cause No. 06-491-MPT, a jury found late last year (among other things) that certain patents asserted by

Fed Cir. Reverses WDWA on Rare Interference Ruling

2010-01-06T10:40:00.000-08:00

I previously posted about this case here, when Judge Pechman dismissed a suit brought by Philips Electronics seeking to overturn a ruling made in an interference. The Board of Patent Appeals and Interferences had ruled an inventor at Philips Electronics, Morgan, was not the first to invent certain defibrillator methods claimed in US Patent No. 6,241,751. The invention claimed in the '751 patent

Federal Circuit Authorizes Qui Tam False Marking Cases

2009-12-28T11:16:00.001-08:00