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

Category Archives: Prior Art

Gun Trigger Patent Lawsuit Misfire Does Not Warrant “Exceptional Case” Finding

After a lengthy and circuitous patent proceeding between plaintiff O.F. Mossberg & Sons (“Mossberg”) and defendants Timney Triggers, LLC and its related manufacturing entity (collectively, “Timney”), which ultimately resulted in Mossberg voluntarily dismissing the action, Judge Bolden of the District of Connecticut recently determined that the case was not “exceptional” such as to warrant awarding … Continue Reading

Accused Infringer Secures Patent Invalidity in Eyeglass Screw Case

By Patrick Niedermeier on October 4, 2016 Posted in Declaratory Judgment, Expert Testimony, Infringement, Infringement/Willfulness, Invalidity, Manufacturing, Massachusetts, Obviousness, Ownership, Prior Art, Procedure/Jurisdiction, Summary Judgment

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

Plaintiff Secures Sweeping Jury Verdict in Hotly-Contested Patent Fight

By Patrick Niedermeier on January 29, 2016 Posted in Contributory Infringement, Direct Infringement, Enablement, Health Care, Indefiniteness, Inducement, Massachusetts, Medical Devices, Obviousness, Prior Art

In a long-running patent fight involving two medical device manufacturers, a Massachusetts jury determined last week that the defendant Kaz had infringed two of plaintiff Exergen’s patents relating to temporal thermometers, and that the patents are not invalid. The jury also awarded Exergen nearly $15 million in damages.… Continue Reading

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

By Patrick Niedermeier on September 23, 2015 Posted in Enablement, Health Care, Infringement, Infringement/Willfulness, Massachusetts, Medical Devices, Obviousness, Prior Art, Procedure/Jurisdiction, Summary Judgment, Validity, Willfulness

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

Mobile Medical’s Validity Experts Get To Stay Behind The Wheel

By Patrick Niedermeier on March 5, 2015 Posted in Expert Testimony, Invalidity, Manufacturing, Obviousness, Prior Art, Validity, Vermont

As the established gatekeepers with respect to expert testimony, district courts have broad discretion on whether to admit or exclude such evidence. The Vermont district court recently opted to deny patentee defendant Advanced Mobile’s (“AMHS”) motions to disqualify both of declaratory judgment plaintiff Mobile Medical’s (“MMIC”) expert witnesses, who had provided opinions relating to the invalidity … Continue Reading

FairWarning: Your Patent May Be Invalid

By Brendan Cox on August 26, 2014 Posted in Anticipation, Declaratory Judgment, Health Care, Invalidity, Massachusetts, Novelty, On Sale, Prior Art, Procedure/Jurisdiction, Software, Validity

In a new case before Judge Douglas Woodlock, Massachusetts-based Iatric Systems filed for a declaratory judgment that a patent held by FairWarning, a Florida company, is invalid. Iatric and FairWarning are competitors marketing computer software designed to alert health care facilities to potential violations of patient privacy. The patent at issue, U.S. Patent No. 8.578,500, … Continue Reading