Citations at U.S. Federal District Courts to publications by John Gladstone Mills III,
Robert C. Highley, Donald C. Reiley, and Patent Counsel Group for authority in Patent Disputes

Seed Research Equipment Solutions, LLC v. Gary W. Clem, Inc.,
United States District Court, D. Kansas. October 20, 2011 Not Reported in F.Supp.2d 2011 WL 5024351.
This case arises out of a patent dispute between Seed Research Equipment Solutions, LLC, a Kansas company (“SRES”), and Gary W. Clem, Inc., d/b/a AMALCO (“ALMACO”), an Iowa corporation. Before the Court is Defendant's Motion to Strike New Evidence (Doc. 113). The primary issue is whether Ron Campbell qualifies as a...
...man of ordinary care, known to the law of negligence.” John Gladstone Mills III, Donald C. Reiley III & Robert C. Highley, Patent Law...

American Litho, Inc. v. Imation Corp.,
United States District Court, D. Minnesota. February 23, 2010 Not Reported in F.Supp.2d 2010 WL 681298.
This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson. No objections to the Report and Recommendation were filed within the requisite time period. Accordingly, IT IS HEREBY ORDERED that Defendant's Motion for Partial Summary Judgment (Doc. No. 47) is DENIED. This matter is before the...
...for the license, an infringement of that interest.” See 3 John Gladstone Mills, III, et al., Patent Law Fundamentals § 19:5 (2d...

Anvik Corporation v. Sharp Corporation,
United States District Court, S.D. New York. August 11, 2010 Not Reported in F.Supp.2d 2010 WL 11416949.
This is a patent suit that, in the words of Plaintiff's complaint, “concerns Sharp's ongoing violations of U.S. patent laws by importing and selling into the United States hundreds of millions, if not billions, of dollars annually of flat-panel displays made using Anvik's patented technologies.”   Compl. ¶ 1. The case...
...are found to have induced that direct infringement. See 4 John Gladstone Mills III, et al., Patent Law Fundamentals § 20.6 (2d...

Music Sales Ltd. v. Charles Dumont & Son, Inc.,
United States District Court, D. New Jersey. October 19, 2009 800 F.Supp.2d 653 2009 WL 3417446.
COPYRIGHTS - International Enforcement. European publisher lacked statutory standing.
...infringing acts, the unauthorized use of the material abroad.   See John Gladstone Mills III, et al., 2 Pat. L. Fundamentals § 6:139...

Diamond Heads, LLC v. Everingham,
United States District Court, M.D. Florida, Tampa Division. April 20, 2009 Not Reported in F.Supp.2d 2009 WL 1046067.
PATENTS - Transportation. Diamond-cutting patterns on motorcycle engine's cylinders and cylinder heads did not lack utility.
...F.3d 821, 831, n. 4 (10th Cir.2005) (quoting John Gladstone Mills, Patent Law Basics § 12:8 (2004)). Anticompetitive effects are...

Metal Morphosis, Inc. v. Acorn Media Publishing, Inc.,
United States District Court, N.D. Georgia, Atlanta Division. March 04, 2009, 639 F.Supp.2d 1367, 2009 WL 579417.
E-COMMERCE - Intellectual Property. Alleged copyright infringer was not entitled to attorneys fees on appeal of the denial of motion to dismiss.
...against anyone in the chain of distribution for infringement.” 2 John Gladstone Mills Iii, Donald C. Reilly Iii & Robert C. Highley, Patent Law...

Zhengxing v. U.S. Patent & Trademark Office,
United States District Court, District of Columbia. September 30, 2008, 579 F.Supp.2d 160, 2008 WL 4416674
GOVERNMENT - Tort Claims. Denial letter from Director of Technology Center did not constitute final agency decision.
...§ 1002.02 Id. § 1002.02(b) see also John Gladstone Mills et al., Patent Law Basics § 15:43 (2007) (stating...

Alien Technology Corp. v. Intermec, Inc.,
United States District Court, D. North Dakota, Southeastern Division. June 27, 2008 Not Reported in F.Supp.2d 2008 WL 4820382.
The Plaintiff, Alien Technology Corporation (“Alien”), sued the Defendants (collectively “Intermec”) for a declaratory judgment of noninfringement or patent invalidity concerning patents Intermec owns in the radio frequency identification (“RFID”) industry. The parties have narrowed the case to seven...
...describing every part of the structure in the claim. 2 John Gladstone Mills III et. al., Patent Law Fundamentals § 14:36 (2d...

Papyrus Technology Corp. v. New York Stock Exchange, Inc.,
United States District Court, S.D. New York. September 11, 2008 581 F.Supp.2d 502, 2008 WL 4202183.
PATENTS - Processes. Preamble of patent was not claim limitation subject to construction.
...s) of the element unequivocally referable to its earlier recitation.” John Gladstone Mills III et al., 2 Patent Law Fundamentals § 14:13...

New Medium Technologies LLC v. Barco N.V.,
United States District Court, N.D. Illinois, Eastern Division. July 05, 2007, 644 F.Supp.2d 1049 2007 WL 2020169.
PATENTS - Jurisdiction. Licensees lacked standing to bring patent infringement action on their own behalf.
...of a potentially infringing practice or action open. See, e.g., John Gladstone Mills III, Donald C. Reiley III & Robert C. Highley, Patent Law...

Duratech Industries Intern., Inc. v. Bridgeview Mfg., Inc.,
United States District Court, D. North Dakota, Southeastern Division. July 16, 2007 Not Reported in F.Supp.2d 2007 WL 2077642.
The Plaintiff, Duratech Industries (“Duratech”), sued the Defendant, Bridgeview Manufacturing (“Bridgeview”), for a declaratory judgment of noninfringement or patent invalidity. Bridgeview owns U.S. Patent No. 6,375,104 (“the ′104 Patent”) for a crop material processor. On June 26, 2007, the Court held a...
...describing every part of the structure in the claim. 2 John Gladstone Mills III et. al., Patent Law Fundamentals § 14:36 (2d...

Synopsys, Inc. v. Magma Design Automation, Inc.,
United States District Court, N.D. California. January 31, 2007 Not Reported in F.Supp.2d 2007 WL 322353.
On September 17, 2004, plaintiff Synopsys, Inc. (“Synopsys”) filed the above-titled action for patent infringement against defendant Magma Design Automation, Inc. (“Magma”). Pursuant to stipulation of the parties, trial was bifurcated, and the bifurcated issues were tried to the Court from April 24, 2006 through May 10, 2006. Pursuant to...
...Inc., 38 F.3d 551, 555 (Fed.Cir.1994) see also John Gladstone Mills III et al., 3 Patent Law Fundamentals § 15.8...

Microbrightfield, Inc. v. Peerless Insurance Company,
United States District Court, D. Vermont. October 04, 2006 Slip Copy 2006 WL 8436228
Plaintiff Microbrightfield, Inc. (“MBF”), filed this diversity action against Peerless Insurance Company (“Peerless”) alleging that Peerless wrongfully denied coverage and a defense for a third-party patent infringement claim against MBF. The case is currently before this Court on MBF’s motion for partial summary...
...subject matter, the patent holder must disclose the subject matter. John Gladstone Mills, Donald C. Reiley & Robert Highley, Patent Law Basics § 1...

Freedom Wireless, Inc. v. Boston Communications Group, Inc.,
United States District Court, D. Massachusetts. May 05, 2005 369 F.Supp.2d 159 2005 WL 1081749.
PATENTS - Priority. Abandoned patent application could not be admitted to corroborate inventor's testimony.
...of conception.” Id. This rule is not controversial. See 3 John Gladstone Mills III et al., Patent Law Fundamentals § 16:4, at...

Kwik Products, Inc. v. National Exp., Inc.,
United States District Court, S.D. New York. February 07, 2005 356 F.Supp.2d 303 2005 WL 292962.
PATENTS - Consumer Goods. Accused product did not literally infringe claims of patent for vegetation string trimmer head.
...capacity to perform the function recited, e.g., “means for See John Gladstone Mills III et al., Patent Law Basics § 14:20 (2004...

SRAM Corp. v. Sunrace Roots Enterprise Co., Ltd.,
United States District Court, N.D. Illinois, Eastern Division. September 30, 2005 390 F.Supp.2d 781 2005 WL 2420394.
PATENTS - Declaratory Judgment. Plaintiff seeking declaration of patent non-infringement failed to state claim against patent licensee's distributor
...way of enforcement of the United States patent.   See generally John Gladstone Mills III, Donald C. Reiley III, and Robert C. Highley,

Affymetrix, Inc. v. PE Corp.,
United States District Court, S.D. New York. January 28, 2004 306 F.Supp.2d 363 2004 WL 187127.
PATENTS - Anticipation. Claims in patents were invalid as anticipated.
...burden of establishing priority by a preponderance of the evidence.   John Gladstone Mills III et al., Patent Law Fundamentals §§ 11:13 and...

Halmar Robicon Group, Inc. v. Toshiba Intern. Corp.,
United States District Court, W.D. Pennsylvania. February 25, 2004 Not Reported in F.Supp.2d 2004 WL 5680678.
Both Plaintiff and Defendant manufacturer medium voltage electric drives. Plaintiff, a patent owner, contends that Defendant's products infringe its technology. Defendant counters that there has been no infringement and that the patent is invalid for a variety of reasons. The parties filed Cross–Motions for Summary Judgment. After careful...
...matched exactly by a corresponding element on the accused embodiment.” John Gladstone Mills III, et al., Patent Law Fundamentals 3, 18–120 (2d...

Revlon Consumer Products Corp. v. Estee Lauder Companies, Inc.,
United States District Court, S.D. New York. July 30, 2003 Not Reported in F.Supp.2d 2003 WL 21751833.
Patentee brought action alleging that certain makeup products sold by competitor infringed its patent entitled “cosmetic makeup compositions comprising water–in–oil emulsions containing pigment.” Upon cross-motions for summary judgment, the District Court, Peck, United States Magistrate Judge, held that: (1) claim phrase “physically completely...
...live with the language it chose.” See generally 2 John Gladstone Mills III, Robert C. Highley & Donald C. Reiley III, Patent Law...
...words in the claim of their meaning.” See 2 John Gladstone Mills III, Robert C. Highley & Donald C. Reiley III, Patent Law...

Chien-Lu Lin v. Twins Enterprise, Inc.,
United States District Court, C.D. California. November 12, 2002 2002 WL 34455514 2002 Markman 34455514.
This case involves the alleged infringement of United States Patents Nos. 5,832,854 and 5,947,044 issued to plaintiffs Chien–Lu Lin and Ming–Chin Chou. The patents protect a process for protruding embroidery. Pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370, 373, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996), this order sets forth the...
...the independent claim, the word “wherein” is used. See 2 John Gladstone Mills III, Robert C. Highley and Donald C. Reiley III, Patent...

Playboy Enterprises, Inc. v. Russ Hardenburgh, Inc..
United States District Court, N.D. Ohio, Eastern Division. November 25, 1997 982 F.Supp. 503 1997 WL 755031
Magazine publisher brought copyright and trademark infringement action against operator of electronic bulletin board system on which copyrighted adult photographs were allegedly posted. On publisher's motion for summary judgment, the District Court, Sam H. Bell, J., addressing an issue of first impression, held that: (1) operators distributed and...
...over the Internet, 14 No. 5 Computer Law I (1997);   John Gladstone Mills III Entertainment on the Internet:  First Amendment and Copyright Issues...