CAFC Finally Affirms a Finding of Infringement by Equivalents
De-Stabilizing Preliminary Injunctions through De Novo Review of Claim Construction
Threatening Letters to Infringer’s Clients Are Not Actionable Unless “Objectively Baseless” (Although They Will Create DJ Jurisdiction)
Nonpracticing Entity (CSIRO) Gets Injunction
CSIRO v. Buffalo Technology (E.D.Tex. 2007)
CSIRO operates as a technology licensing arm of the Australian Government. CSIRO does not practice its inventions, but has asserted its wireless LAN patent against a number of accused infringers, including Intel, Microsoft, Marvell, and Buffalo. The patent is broad enough to cover all 802.11a/g wireless technology and has a 1992 priority date.
In the case against Buffalo, CSIRO won a slam-dunk summary judgment of validity and infringement. The court then considered whether to award a permanent injunction in favor of the non-practicing entity (NPE).