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PATENTS ISSUED decision finds that none of the Silicon LAWSUIT UPDATE
Motion flash memory controllers infringe BackWeb Adds Sybase and iAny‑
Kurgo Issued United States
the SanDisk patents. where as Defendants in its Patent
Design and Utility Patents
the case began in october 2007, when Infringement Lawsuit
Motivation Design, LLC, (dBa Kurgo
Sandisk filed three suits against 25 com- BackWeb Technologies Ltd. (Pink
Products) known for their award win-
petitors arguing that the controllers used Sheets: BWeBF or BWeBF.PK) announced
ning line of Kurgo® dog travel products
in their devices infringed on Sandisk’s that it has amended the patent infringe-
and automotive accessories, announced
ment lawsuit it filed on March 20, 2009
the u.S. Patent and trademark office has patents. the controller companies named
in the united States district court in San
issued both design and utility patents for in the suit included Silicon Motion, Phison,
Francisco, california, to include Sybase
its tire cover, providing additional lev- and Skymedi. and its subsidiary iAnywhere as additional
els of intellectual property protection for
defendants in the action BackWeb initially
the ever popular Kurgo® tire tote® tire Morrison & Foerster Secures
filed against Microsoft. BackWeb is seeking
cover. co-founders and brothers Gordie Victory for Funai before U.S.
damages, an injunction and a declaration by
and Kitter Spater are proud to announce International Trade Commission
the court that Sybase’s/ianywhere’s software
this accomplishment, “It is a testament to in Patent Infringement Suit
products infringe BackWeb’s patents.
the inventive thinking and unique designs Morrison & Foerster LLP secured a BackWeb alleges the Sybase/ianywhere
created here at Kurgo. We have been work- victory for Japan-based Funai Electric afaria product infringes three u.S. patents
ing extremely hard to make sure that the
Co., Ltd., and its affiliate, u.S.-based owned by BackWeb covering methods for
best products are produced for our custom-
Funai Corporation, Inc. (collectively transmitting information between a remote
ers, our quality cannot be duplicated.” the
“Funai”), in a patent infringement case network and a local computer. the law-
newly issued patents are entitled “tire
brought before the u.S. International trade suit against Microsoft alleged infringement
cover,” design patent number D588,975,
commission (“Itc”) against 14 manufac- of the same three patents, as well as a
issued on March 24th, 2009 just months
fourth BackWeb patent. the Sybase/iany-
after utility patent 7,478,723, which was turers and importers of digital televisions
where afaria product is used by companies
issued on January 20th, 2009. and other related products. on april 10,
for centrally managing devices, including
2009, the Itc issued a final determination managing and updating the data, content
DECISIONS & SETTLEMENTS
and remedy order finding that VIZIO and and software on the devices.
OmniComm Systems Announces
other respondents infringe Funai electric
Settlement of Patent Litigation With
co., ltd.’s digital television patent and that LICENSING AGREEMENTS
DataSci, LLC
their products shall be barred from impor- BLADE Network Technologies
OmniComm Systems, Inc. (otcBB:
tation into or sale within the u.S. Announces Patent Cross‑License
oMcM) announced that it has entered Agreement With IBM
into a settlement agreement with dataSci, the Itc’s determination confirms an
BLADE Network Technologies, Inc.
llc for the purpose of resolving the patent earlier initial determination issued by an
(Blade) announced a patent cross-license
infringement lawsuit between the compa- administrative law Judge on november 17,
agreement with IBM (nySe: IBM).
nies. effective april 9, 2009, omnicomm 2008 finding that VIZIo and several other over the past three years, Blade has
entered into a licensing arrangement with respondents infringe one of Funai’s digital been providing industry-first data center
DataSci. tV patents. the Itc also accepted the networking solutions for IBM including
K&L Gates Secures Win for alJ’s remedy recommendation and issued the first native 10 Gigabit ethernet switch
Silicon Motion in U.S. International (1) an exclusion order barring the Vizio for IBM Bladecenter, the first top-of-rack
Trade Commission Patent Suit and the other respondents from import- switch for idataPlex in massive Web 2.0-
Brought by SanDisk style data centers and cloud computing,
ing infringing digital tVs into the u.S.,
Intellectual property lawyers from K&L and (2) cease and desist orders prevent- and the first network virtualization solution
Gates LLP have assisted taiwan-based that automates the enterprise data center
ing domestic respondents from importing
technology company Silicon Motion in for dynamic migration of virtual machines.
infringing product or selling their infring- Blade currently delivers its embedded
obtaining a favorable initial determina-
tion before the u.S. International trade ing inventory in the u.S. under the Section ethernet switches for IBM Bladecenter
commission (Itc) in a case involving 337 statute, President Barack obama has under the “Bnt” name and its top-of-rack
methods for storing and organizing data 60 days in which to review and revise the rackSwitch data center switches for IBM’s
in portable flash memory devices. the Itc’s orders. idataPlex and IBM System cluster 1350.
12 Intellectual ProPerty today May, 2009
Repligen Licenses Patent Rights for
Treatment of Bipolar Disorder
Repligen Corporation (nasdaq: rGen)
announced that it has exclusively licensed
worldwide rights for the use of uridine
in the treatment of patients with bipolar
disorder from McLean Hospital. the use
of uridine in the treatment of patients with
bipolar disorder is currently the subject of a Only 8 patent firms in the country
patent application and upon issue, the pat-
ent will remain in force until 2025 prior to get more than 1600 patents a year.
any regulatory extensions. under the terms
of the license agreement, Mclean will
receive an upfront payment, development
Harness Dickey is among the
milestones and royalties upon successful
nation’s leading patent firms.
commercialization of uridine for bipolar
disorder. Mclean Hospital is the largest • More than 100 intellectual
psychiatric facility of Harvard Medical property attorneys
School and maintains the largest research
program of any private, u.S. psychiatric • Experience that counts across a
hospital. repligen is developing rG2417, vast spectrum of science
an oral formulation of uridine, as a treat- and technology
ment for the depressive symptoms of bipo-
lar disorder based on positive results of a • Ranked among the nation’s
previously reported Phase 2a clinical trial. Top 8 patent filers*
NEW LAWSUITS When you need a trusted business
Inventor Sues Therative, Inc. partner to protect your innovations
Over Inventorship of Patent on and execute your patent-based
ThermaClear Device strategy, put Harness Dickey at the
Patent litigation firm Teuton, Loewy top of your list.
& Parker LLP filed a lawsuit against
Therative, Inc. on behalf of inven-
tor Joseph Neev, PhD. In the lawsuit, Metropolitan
filed in the united States district court,
Detroit, MI St. Louis, MO Washington, DC
district of delaware, dr. neev claims sole 248.641.1600 314.726.7500 703.668.8000
inventorship rights in u.S. Patent number
7,494,492, a recently issued patent that www.hdp.com
therative claims protects its thermaclear *As ranked by Intellectual Property Today in the March 2008 issue based on number of utility patents issued in 2007.
acne clearing device. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
dr. neev seeks a court order correcting
u.S. Patent no. 7,494,492 to show dr. neev Harnessing Innovation®
as the sole inventor under the patent. Such
an order would make dr. neev the owner of
the patent, would likely prevent therative TableMAX Files Lawsuit Against 5,688,174, 6,921,337 and 7,201,661,
Shuffle Master for Patent which protect the proprietary electronic
from using the invention claimed in the
Infringement devices and system architecture used in the
patent, and would allow dr. neev to have
TableMAX Gaming, Inc., a wholly owned tableMaX multiplayer games. the suit
others make the invention.
subsidiary of TableMAX Corporation alleges that Shuffle Master’s table Master
dr. neev’s complaint alleges that multiplayer gaming device and system
(Pink Sheets: tBlX.PK), a developer
therative, therative director George choi, of electronic table games, has filed suit infringes on each of the patents. the suit
and therative chief technology officer luiz against Shuffle Master, Inc. alleging seeks preliminary and permanent injunc-
daSilva have known of neev’s ownership of infringement of three patents under which tive relief along with unspecified damages
the inventions claimed in u.S. Patent no. it is an exclusive licensee. and fees. IPT
7,494,492 since at least 2005. the com- the complaint, filed in the las Vegas
plaint further alleges therative, choi and division of the district of nevada, alleges
daSilva have never corrected the error. infringement of u.S. Patent no.’s
Intellectual ProPerty today May, 2009 13
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