Fresenius Medical Care has sued various competitors for infringement of Patent Nos. 6,875,445 and 6,576,665 relating to drugs used to treat renal failure. In a previous decision involving the case against Paddock Labs. and Amneal Pharm., Judge Stearns construed claim terms from the subject patents. He has done so again in the case against Lupin and Zydus. Unsurprisingly, Judge Stearns did not reconstrue previously addressed claim terms. Instead he focused on terms such as “compression”, “caplet”, “capsule”, “optimizing” and other dosage delivering terms. The opinion may be worthwhile reading for those who frequently litigate in the pharma space. Fresenius Medical... Continue reading

In the latest chapter of a long running dispute involving RNA interference (aka gene silencing), the University of Utah filed suit against officials of the University of Massachusetts and a number of other parties (just after those parties themselves had settled their internal dispute) to have one of Utah’s professors named as an inventor on two potentially very valuable patents. The defendants moved to dismiss on two grounds, (1) claiming that any dispute between U. Utah and U. Mass. officials belongs exclusively before the Supreme Court pursuant to 28 U.S.C. § 1251(a), and (2) the claims of inventorship are not... Continue reading

True Fit Corp. (Woburn, MA) has sued True & Co. (San Francisco, CA) for trademark infringement related to the use of the word TRUE for “personal matching services for apparel”. Plaintiff owns a registration for FIND YOUR TRUE FIT and has applications for a number of other marks such as SHOP TRUE TO YOU, TRUE TO YOU, TRUE FIT, etc. Defendant uses the mark TRUE (and has applied for registration of same) for personalized matching services for bras and related products. True Fit Corp. v. True & Co., 12-11006-GAO (D. Mass. June 6, 2012) 12-11006-GAO Continue reading

Herb Reed Enterprises (Arlington, MA) has sued Cape Entertainment, Inc. (Coconut Creek, FL) and its owner for trademark infringement relating to use of HERB REED AND THE PLATTERS. The plaintiff alleges ownership of the rights to the mark dating back to the founding of the original musical group in the 1950s. Defendants are accused of promoting a different band under the same name (as the plaintiff discovered when a dissatisfied customer reported the defendants’ activities). Herb Reed Enterprises LLC v. Cape Entertainment, Inc., 12-11004-MBB (D. Mass. June 6, 2012) 12-11004-MBB Continue reading

Two heated patent cases involving a surgical endoscopic cutting device are pending before Judge Zobel on slightly different schedules. In five pages Judge Zobel ruled on five dispositive motions and one motion for claim construction across both the cases. After reviewing the “voluminous submissions”, as she commonly does, she denied the dispositive motions and handed down constructions with little fanfare. For those who practice before Judge Zobel, I commend you to the final line of her order: “The court anticipates no further dispositive motions by either party.” Smith & Nephew, Inc. v. Hologic, Inc., 10-10951-RWZ (D. Mass. June 5, 2012)... Continue reading

Following a drawn out patent dispute (the history of which can be found in the decision) Judge Gorton denied a motion of attorneys’ fees to a successful defendant after ruling the case was not exceptional. Costs were awarded, but many categories of costs were disallowed for various failings. The ruling is a good review of what you can and can’t recover as costs, and how to properly go about requesting the same. Haemonetics Corp. v. Fenwal, Inc., 05-12572-NMG, 09-12107-NMG (D. Mass. May 10, 2012) 05-12572-NMG Fees Continue reading

After suing a host of defendants, a pro se plaintiff’s case against the chroniclers of Facebook has come to an end. The plaintiff, who was a student at Harvard at the same time as Mark Zuckerberg, alleged copyright infringement, defamation, and a variety of other wrongs. Magistrate Judge Collings, in an expansive opinion, analyzes each of them and orders them dismissed with prejudice. Greenspan v. Random House, Inc., 11-12000-RBC (D. Mass. May 9, 2012) 11-12000-RBC Dismiss Continue reading

After several reexaminations, trial is approaching on a patent suit involving laser catheter systems. The parties filed cross-motions on various points, some of which were allowed. The opinion is an interesting read, if for no other reason than to confirm that judges really don’t like it when briefs make overwrought arguments or repeat arguments previously made and disposed of. Such as the defendants here, who Judge Gorton called out for seeking a “ninth bite at the apple.” Even potentially meritorious arguments, such as a laches defense (which the court noted “was the only [equitable defense] which merits extended discussion”) suffered... Continue reading

A bunch of California adult film production companies have sued a number of anonymous defendants by their IP addresses for copyright infringement stemming from purported unauthorized BitTorrent downloads of pornographic films. These cases are gaining in popularity in this district after being widely tried in other districts across the country. All the cases below have the same plaintiff’s counsel. Patrick Collins, Inc. v. Does 1-38, 12-10756-GAO (D. Mass. Apr. 28, 2012) Patrick Collins, Inc. v. Does 1-33, 12-10757-GAO (D. Mass. Apr. 28, 2012) Patrick Collins, Inc. v. Does 1-36, 12-10758-GAO (D. Mass. Apr. 28, 2012) Patrick Collins, Inc. v. Does... Continue reading

iWalk (Bedford, MA) and MIT have sued Össuer HF (Reykjavik, Iceland) and its U.S. affiliate for infringement of Patent No. 5,650,704 directed to an elastic actuator. Össuer’s prosthetic knee (called the POWER KNEE) is specifically accused. iWalk, Inc. v. Össuer HF, 12-10796-NMG (D. Mass. May 3, 2012) 12-10796-NMG Continue reading

Hypertherm, Inc. (Hanover, NH) has sued Shenzen River Trading Co., Ltd. (Guangzhou, China) for infringement of Patent Nos. 8,115,136, 7,989,727 and 6,207,923 directed to plasma cutting systems. Hypertherm, Inc. v. Shenzen River Trading Co., Ltd., 12-10798-GAO (D. Mass. May 3, 2012) 12-10798-GAO Continue reading

Rare Names, Inc. (Waltham, MA) has sued Foster, Andrew & Co. (Bolingbrook, IL) for a declaration that a domain name registered by the plaintiffs, <faci.com>, does not violate defendant’s rights. Defendant was successful in a UDRP action to have the domain transferred. Plaintiffs initiated this action to prevent the transfer. Rare Names, Inc. v. Foster, Andrew & Co., 12-10800-DJC (D. Mass. May 3, 2012) 12-10800-DJC Continue reading

American HealthTech, Inc. (Ridgeland, MS) has sued individuals in Massachusetts and New Hampshire for infringement of the trademark AMERICAN HEALTHTECH for computer programs. Defendants operate an information technology business using the <healthtechlink.com> domain and the mark HealthTech. American HealthTech, Inc. v. Gurganious, 12-10716-RWZ (D. Mass. Apr. 23, 2012) 12-10716-RWZ Continue reading

Microsoft Corp. (Redmond, WA) has sued PCExchange.net, Inc. (Framingham, MA) and its owner for copyright and trademark infringement. The complaint alleges that the defendants have sold and installed unauthorized copies of Microsoft’s software. Microsoft Corp. v. PCExchange.net, Inc., 12-10685-RWZ (Apr. 18, 2012) 12-10685-RWZ Continue reading

Nobelcom, LLC (Carlsbad, CA) has sued Millenium Tele Card, LLC (Clifton, NJ) for trademark infringement. Plaintiff sells prepaid phone cards using the mark XCELENTE. Defendant sells phone cards with the mark EXCELLENT. Nobelcom, LLC v. Millenium Tele Card, LLC, 12-10688-NMG (D. Mass. Apr. 18, 2012) 12-10688-NMG Continue reading

An individual sculptor and inventor residing in New York City has sued Quill Corp. (Spartanburg, SC) for copyright, trademark, and trade dress infringement stemming from defendants alleged sales of counterfeit versions of plaintiff’s FLIGHT RING toy. Hoberman v. Quill Corp., 12-10672-RWZ (D. Mass. Apr. 13, 2012) 12-10672-RWZ Continue reading

A patent case originally filed in Delaware by Signal Tech, LLC (Delaware) against Analog Devices, Inc. (Norwood, MA) in November, 2011 was transferred to D. Mass. in April, 2012. The case alleges that Analog infringes Patent No. 6,480,064 directed to a low voltage switchable GM cell. Signal Tech, LLC v. Analog Devices, Inc., 12-10669-WGY (D. Mass. Nov. 2, 2011) 12-10669-WGY Continue reading

BGI, Inc. (Waltham, MA) sued its former president for misappropriation of trade secrets, breach of fiduciary duty, and other counts related to the president’s alleged taking BGI’s secrets to his own company. BGI, Inc. v. Merrifield, 12-10658-RWZ (D. Mass. Apr. 12, 2012) 12-10658-RWZ Continue reading

American Automobile Association (Heathrow, FL) has sued 1261 Bass River Realty, LLC (North Easton, MA) for trademark infringement of plaintiff’s AAA mark. The complaint alleges that a hotel owned and operated by the defendant uses the marks without permission to create a wrongful sense of affiliation between the hotel and the plaintiff. American Automobile Association v. 1261 Bass River Realty, LLC, 12-10641-MBB (D. Mass. Apr. 10, 2012) 12-10641-MBB Continue reading

An individual from Foxborough, MA has sued law firm Finnegan Henderson for malpractice related to eyeglass technology. The complaint alleges that the firm took over $100k from the plaintiff to obtain a patent in the technology at the same time the firm represented a competitor. The complaint also alleges failure to submit and IDS to the USPTO and submitting an amendment without authorization. Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner LLP, 12-10639-JGD (D. Mass. Apr. 10, 2012) 12-10639-JGD Continue reading

Fine Estates From Spain, Inc. (Dedham, MA) has sued Sedition Wine Imports, LLC (Fairfield, CT) and others for trademark infringement of defendants’ use of the mark BOTANICA on wine, which the plaintiff alleges is confusingly similar to its registered mark BOTANI, also for wine. Fine Estates From Spain, Inc. v. Sedition Wine Imports, LLC, 12-10618-NMG (D. Mass. Apr. 6, 2012) 12-10618-NMG Complaint Continue reading

A copyright case with a curious factual background was dismissed for lack of jurisdiction following Judge Ponsor’s approval of Magistrate Judge Neiman’s report and recommendations. The case stemmed from a group of musicians who alleged that defendant producers purloined subject works and failed to pay promised royalties. Because much of the action happened in Puerto Rico, and there were limited contacts to Mass., the case was dismissed. Alicea, et al. v. LT’s Benjamin Records, et al., 11-30002-MAP (D. Mass. Oct. 6, 2011) 11-30002-MAP SJ Continue reading

Abbott is accusing Centocor of infringing several patents related to drugs used to treat reheumatoid arthritis. (Another case between the parties involves drugs used to treat psoriasis.) Abbott moved for judgment on the pleadings / summary judgment on a number of Centocor’s affirmative defenses. Defenses for express license and implied license were removed due to an intervening arbitrator’s decision (and Centocor’s agreement that such defenses could not be raised). The defense of equitable estoppel was referred to arbitration by Judge Saylor in view of a previous agreement between the parties. Abbott Biotechnology Ltd. v. Centocor Ortho Biotech, Inc., 09-40089-FDS (D.... Continue reading

In 2002 Aspex Eyewear sued Altair Eyewear for infringement of three patents in the Southern District of New York. After a claim construction ruling the district court granted Altair’s motion for summary judgment of non-infringement. The claim construction was reversed by the Federal Circuit and the case was returned to the district court where it was reassigned to Judge Young sitting by designation (several D. Mass. judges have been doing this to assist the SDNY with its docket) and then officially transferred to D. Mass. In the meantime, Altair petitioned to reexamine one of the patents, but the PTO allowed... Continue reading

An individual photographer from Stony Brook, NY has sued Houghton Mifflin Harcourt Publishing Co. (Boston, MA) and several John Doe publishers for copyright infringement stemming from alleged unauthorized inclusion of several photographs in various educational publications overstepping the terms of the license between the parties. Lefkowitz v. Houghton Mifflin Harcourt Publishing Co., 12-10614-MLW (Apr. 5, 2012) 12-10614-MLW Continue reading