New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Infringement

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Summary Judgment Shot Down in Rifle Patent Lawsuit

In a recent patent case concerning hunting rifles, Judge McCafferty in the District of New Hampshire granted the defendant’s motion for summary judgment with respect to literal infringement of a patent on a rifle handguard, but denied the motion with respect to infringement under the doctrine of equivalents. The case arose when the plaintiff, Davies Innovations, Inc., the owner of a U.S. patent … Continue Reading

Supreme Court Limits Foreign Reach of the U.S. Patent Act

The supply from the United States of a single component of an invention, for assembly of the invention abroad, is not patent infringement under Section 271(f)(1) of the Patent Act. This is according to a unanimous ruling yesterday by the United States Supreme Court. The court found significant limitations on the reach of Section 271(f)(1), a law … Continue Reading

Heartburn for Defense After Jury Verdict in Pepcid® Dispute

The recent jury verdict in a dispute over a generic version of the heartburn medication Pepcid® Complete® would be enough for anyone to reach for a few tablets of the accused product. After an eight day trial presided over by Judge Zobel, a Massachusetts jury last week returned a verdict for Plaintiffs Brigham and Women’s … Continue Reading

Accused Infringer Secures Patent Invalidity in Eyeglass Screw Case

Declaratory judgment actions can be a useful way for entities threatened with patent infringement to go on the offensive.  In one such matter in the District of Massachusetts, a declaratory judgment plaintiff turned the tables on a patentee by invalidating two patents relating to eyeglass screw technology at the summary judgment stage.… Continue Reading

Hyper-Divergence: Halo and the Preliminary Injunction Requirement for Enhanced Damages

A recent report and recommendation issued in the District of Massachusetts is one of the first cases to interpret – and arguably, to extend – the Supreme Court’s recent decision on willful infringement, Halo Electronics, Inc. v. Pulse Electronics, Inc. In Simplivity Corporation v. Springpath, Inc., plaintiff Simplivity alleged infringement of U.S. Patent No. 8,478,799, … Continue Reading

Sensor Maker Cannot Shake Infringement Suit on Summary Judgment

A New Hampshire District Court recently denied defendant sensor makers’ attempt to tilt the case in their favor by denying summary judgment of invalidity and non-infringement. SignalQuest asserted three patents relating to tilt and vibration sensors against the defendants. During the case, the U.S. Patent Office instituted ex parte reexaminations for each of the patents, … Continue Reading

Plaintiff Avoids Headache of Having Its Thermometer Patent Invalidated at Summary Judgment

In a recent District of Massachusetts case, a defendant attempted to use the crucible of summary judgment to invalidate the plaintiff’s body temperature detection patents. But, as shown in the Court’s ruling, sometimes that strategy does not produce the desired results.… Continue Reading

U.S. Supreme Court Further Clarifies Indirect Infringement Standards

The Supreme Court in the last several years has taken an activist approach to the area of patent law, granting certiorari in many more cases than in prior years and often reversing the Federal Circuit. If there was one theme running through those decisions, it is that the Court is trying to bring more certainty and … Continue Reading

Foreign Corporations and the Long Arm of the Law

Can foreign corporations avoid the long arm of the law? A recent order in a Massachusetts declaratory judgment patent case suggests that the answer may be, “sometimes.” The case began when Venmill Industries, Inc. filed a complaint in Massachusetts federal court seeking a declaratory judgment of non-infringement of U.S. Patent No. 8,342,905, titled, “Optical Disk Restoration … Continue Reading

Protegrity’s “Bare Bones” Allegations Result in Dismissal, Again

In yet another case in the District of Connecticut, Protegrity has seen its claims for indirect and willful infringement dismissed because, according to the court, its complaint did not plead sufficient facts. District Judge Robert Chatigny granted AJB Software’s motion to dismiss, agreeing with AJB that the “bare bones” allegations in Protegrity’s complaint were insufficient … Continue Reading

Veracode Wins Patent Infringement Trial Against Appthority

Following a nine day trial, last Friday a Boston jury delivered a patent infringement verdict in favor of Veracode, Inc. and Rovi Solutions Corporation.  In the case before Judge Woodlock in the U.S. District Court for the District of Massachusetts, Veracode and Rovi accused Appthority, Inc. of infringing two patents.  The two asserted patents, U.S. … Continue Reading

Motion to Amend Infringement Contentions Denied Based on Futility

District Judge Nathaniel Gorton denied a plaintiff’s motion for leave to amend its infringement contentions, finding the amendments, if allowed, would be “futile.” This eventful case involves Amphastar Pharmaceuticals’ alleged infringement of Momenta Pharmaceuticals’ patent covering procedures related to an anticoagulant drug marketed as Lovenox (generically known as enoxaparin). Momenta filed suit in September, 2011, days after … Continue Reading

Protegrity’s Protective Patent Push

The Connecticut-based data security company, Protegrity Corporation, continued its aggressive stance regarding its data protection patent portfolio this month. On June 6, Protegrity sued Gazzang, Inc., a competitor data security company based in Austin, Texas, in the Connecticut federal district court. This suit marks the fourteenth patent infringement complaint that Protegrity has brought in Connecticut … Continue Reading
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