Innovus Prime LLC v. Panasonic Corp., et al.
Published: Jul. 20, 2013 | Result Date: Jul. 2, 2013 | Filing Date: Jan. 1, 1900 |Case number: 5:12-cv-660 Summary Judgment – Defense
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Christopher J. Cox
(Hogan Lovells US LLP)
David L. Yohai
(Weil, Gotshal & Manges LLP)
Facts
On Jan. 18, 1994, the U.S. Patent and Trademark Office issued U.S. Patent No. 5,280,350 to U.S. Philips Corp. The patent related to an apparatus for processing picture signals for televisions. In 2011, Innovus Prime LLC received the rights to the patent as the fourth owner in a chain of assignees, but the patent expired shortly thereafter, in August 2011. In August 2011, Innovus brought a patent infringement action against Panasonic Corp. of North America Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff argued that a 2007 agreement superseded any other agreement which defendant might have had regarding the patent.
DEFENDANT'S CONTENTIONS:
Panasonic argued that it had entered into a 1982 non-assertion agreement with the original owner of the patent, pointing to the agreement as the basis for its authority to practice the invention of the patent for the duration of the patent's term.
Result
The court granted defendant's motion for summary judgment, finding that Panasonic was authorized to practice the patented invention for the life of the patent under the 1982 agreement.
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