(Aviation accident lawyer) Kinetic Concepts, Inc. v. Blue Sky Med. Group, Inc.
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(U.S. Fed. Cir., Evidence, Health Law, Intellectual Property, Patent) In a patent case involving patents for treating difficult-to-heal wounds by applying suction, various trial court rulings are affirmed over claims: 1) by defendants that the trial court erred in denying their motion for judgment as a matter of law on obviousness, and their alternative motion for a new trial on obviousness; 2) by defendants that the district court erred in its construction of “wound” and its failure to find several claim terms indefinite; and 3) by plaintiff that the court erred in denying its motion for judgment as a matter of law of infringement, or, in the alternative, its request for a new trial on infringement.
Data Mfg., Inc. v. United Parcel Serv., Inc.
(U.S. 8th Cir., Administrative Law, Copyright, Transportation) In a dispute over billing fees, district court’s dismissal of plaintiff’s claims is affirmed in part where all but one of DMI’s claims are preempted by the Federal Aviation Administration Authorization Act. Plaintiff’s breach of contract claim was not preempted, and that claim is remanded for further proceedings.
Agere Systems Inc. v. Samsung Elec. Co. Ltd.
(U.S. 5th Cir., Contracts, Dispute Resolution & Arbitration, Intellectual Property, Patent) Denial of a motion to compel arbitration in a dispute over a patent licensing agreement is reversed and remanded where there was a legitimate argument that an arbitration clause covered the present dispute, and the resolution of that argument should have been submitted to an arbitrator.
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March 7, 2009 4:45 pm
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