Recent Articles

Judge Jones Construes Claims in Toyota Hybrid Case

Mark P. Walters
March 18, 2010 00:59

In a case that features Hollywood's David-versus-Goliath story of inventorship (for example see this link), independent inventor Conrad Gardner is suing Toyota for patent infringement of his U.S. Patent No. 7,290,627. The ‘627 Patent covers hybrid vehicle technology for automobiles. Specifically,...

Goodbye and Thanks to Sam Darby

Mark P. Walters
March 12, 2010 23:26

The son of James T. and Ellen Doran (Dunman) Darby, Sam Darby was born in Falcon, Arkansas, February 4, 1867. In the fall of 1882, he went to Annapolis, Maryland, as a cadet in the US Naval Academy. He left the Navy after graduation in 1886. Two years later, he started his undergraduate at...

Cordance Wins JMOL in Amazon One-Click Patent Suit

Mark P. Walters
February 23, 2010 00:31

Looks like local software company, Cordance may get a chance to have a jury determine the amount of damages Amazon owes for infringing certain patents covering aspects of the popular One-Click ordering system. In a case pending in USDC, District of Delaware, Cordance Corporation v. Amazon.com,...

Fed Cir. Reverses WDWA on Rare Interference Ruling

Mark P. Walters
January 06, 2010 18:48

I previously posted about this case here, when Judge Pechman dismissed a suit brought by Philips Electronics seeking to overturn a ruling made in an interference. The Board of Patent Appeals and Interferences had ruled an inventor at Philips Electronics, Morgan, was not the first to invent certain...

Federal Circuit Authorizes Qui Tam False Marking Cases

Mark P. Walters
December 28, 2009 19:40

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i4i Prevails on Appeal

Mark P. Walters
December 22, 2009 17:50

Today, the CAFC decided the i4i appeal in what appears to be a sweeping victory for i4i. "We affirm the issuance of the permanent injunction, though we modify its effective date to accord with the evidence. In all other respects, we affirm for the reasons set forth below." My previous posts on...

Federal Circuit Scraps Point of Novelty for Design Patents

Mark P. Walters
December 22, 2009 17:38

I'm happy to report that the case I recently argued at the Federal Circuit resulted in new law for anticipation of design patents.  Here is the article written for Darby & Darby.  Articles have also appeared in the National Law Journal and IP 360 (subscriptions required for both). The Court of...

Implicit Networks Accuses Windows Seven of Infringement

Mark P. Walters
December 08, 2009 18:14

If it wasn't any good, no one would be accusing it of infringement, right?  Unwelcome flattery of this nature was thrust upon Microsoft and its successful Windows Seven product last week when a patent infringement case was brought by local patent licensing company, Implicit Networks. Implicit owns...

The True Cost of Discovery Disputes

Mark P. Walters
December 07, 2009 18:13

"The parties have done their level best to avoid and undermine the purposes of the meet and confer requirements," was Judge Lasnik's opening sentence for a recent ruling granting in-part a motion to compel discovery filed by Defendants Industrial Ventilation, Inc. This is a case for patent...

Seattle Patent Litigation Update: December 2009

Mark P. Walters
December 04, 2009 05:01

As we enter the last month of 2009, there is much to report on the state of local patent litigation. Here are some interesting orders that were issued over the past few months. On October 23, 2009, Judge Pechman stayed a patent case filed by National Products, Inc. against Gamber-Johnson LLC....