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
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
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
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
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
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