District of Massachusetts IP Blog

Affirmative Defenses Sent To Arbitration

Abbott is accusing Centocor of infringing several patents related to drugs used to treat reheumatoid arthritis.  (Another case between the parties involves drugs used to treat psoriasis.)  Abbott moved for judgment on the pleadings / summary judgment on a number of Centocor’s affirmative defenses.  Defenses for express license and implied license were removed due to an intervening arbitrator’s decision (and Centocor’s agreement that such defenses could not be raised).  The defense of equitable estoppel was referred to arbitration by Judge Saylor in view of a previous agreement between the parties. 

Abbott Biotechnology Ltd. v. Centocor Ortho Biotech, Inc., 09-40089-FDS (D. Mass. Oct. 3, 2011)

Stelara Patent Suit Ready For Trial

In a long standing dispute, Abbott and Centocor have been fighting over rights to antibody technology for treating psoriasis.  Abbott won an interference before the BPAI and sued Centocor for infringement by Centocor’s Stelara drug.  Centocor sought judicial review of the BPAI decision (originally in DC before being transferred here) and the parties filed a combined twelve motions for summary judgment in the D. Mass. suit.  In an omnibus opinion, Judge Saylor decided the universally relevant issues as follows:

Tracking Firms Collide

Laipac Tech., Inc. (Ontario, CA) has sued Global Security Tracking, Inc. (Worcester, MA) for infringement of the trademark LAIPAC TECH for tracking-related services.  The complaint alleges that the defendant failed to abide by the terms of an agreement between the parties for the defendant not to use the mark.  The defendant purportedly still is using the mark in many ways, including using SEO tricks to drive traffic to their site.  Eleven different counts are asserted including dilution, contract claims, and copyright infringement related to improperly linked website videos (though no copyright registration is alleged). 

Laipac Tech., Inc. v. Global Security Tracking, Inc., 11-1140194-FDS (D. Mass. Oct. 18, 2011)

Band Photo Leads to Suit

An individual photographer from Asheville, NC has sued Inyourspeakers Media, LLC (Harvard, MA) for copyright infringement relating to unauthorized use of a photograph of the band Bassnectar. 

Oppenheimer v. Inyourspeakers Media, LLC, 11-40211-FDS (D. Mass. Nov. 3, 2011)

Arthritis Patent Disputed Between Familiar Foes

Abbot sued Centocor for infringement of Patent Nos. 7,223,394 and 7,541,031 directed to treating rheumatoid arthritis.  (Another case between the biotech companies involving different technology is also pending.)    

Abbott Biotechnology Ltd. v. Centocor Ortho Biotech, Inc., 09-40089-FDS (D. Mass. Aug. 12, 2011)

Your Success Is Somebody’s Business

Nichols College (Dudley, MA) has sued National Strength Professionals Association, Inc. (Mount Airy, MD) for infringement of the mark YOUR SUCCESS IS OUR BUSINESS.  Nichols alleges ownership of the mark for paper goods and educational services.  Nichols found out NSPA was using the same mark and brought suit. 

Nichols College v. National Strength Professionals Association, Inc., 11-40152-FDS (D. Mass. Aug. 10, 2011)

Antibody Markman Order Amended

Judge Saylor issued a Second Amended Claim Construction Order in a dispute accusing Centocor’s psoriasis drug Stelera of infringing Patent Nos. 6,914,128 and 7,504,485 (rights to the ‘128 patent were awarded to Abbott in an earlier interference proceeding against Centocor). 

The first amended order was issued to change a typo.  This second order added a construction for the claim term “human antibody”.  In interpreting this term the court declined to limit its construction to examples listed in the specification as ones which are “include[d]” as human antibodies.  The court noted that “includes” is a non-limiting term and the proposed construction was “strained” and not supported. 

Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc., 09-11340-FDS (D. Mass. May 5, 2011)

Another Restaurant Sued By BMI

Broadcast Music, Inc. (New York, NY) has sued the operators of Beemer’s Pub Restaurant & Lounge (Fitchburg, MA) for copyright infringement stemming from Beemer’s playing music from the BMI catalog without a license. 

Broadcast Music, Inc. v. C.B.G., Inc., 11-40142-FDS (D. Mass. July 20, 2011)

Ford Accused of Infringing Driver ID Technology

Kar Enterprises, LLC (Shrewsbury, MA) has sued Ford Motor Co. (Dearborn, MI) for infringement of Patent Nos. 7,959,177 and 7,757,803 directed to a motor vehicle operator identification and maximum speed limiter.  

Kar Enterprises, LLC v. Ford Motor Co., 11-11200-FDS (D. Mass. July 7, 2011)

Humidifiers Accused of Infringement

Kaz USA, Inc. (Southborough, MA) has sued FKA Distributing Co. d/b/a Homedics (Commerce Township, MI) for infringement of Patent No. 5,859,952 directed to a humidifier with UV anti-contamination features. 

Kaz USA, Inc. v. FKA Distributing Co., 11-10848-FDS (D. Mass. May 12, 2011)