Posner Inequitable Conduct Opinion Analysis

Posted on October 27, 2008 by R. David Donoghue

 New Medium LLC v. Barco N.V., No. 05 C 5620, 2008 WL 4615682 (N.D. Ill. Oct. 16, 2008) (Posner, J. sitting by designation).

In my previous entry about this case, I linked to a copy of this decision and briefly explained the result, but did not provide any analysis of the opinion because I was previously involved in the case -- click here to read that entry in the Blog's archives.  Since that post, Dennis Crouch has provided some excellent analysis of the opinion -- click here to read it at Patently-O.  Thanks Dennis.

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Posner Holds Patents Unenforceable Due to Inequitable Conduct

Posted on October 24, 2008 by R. David Donoghue

New Medium LLC v. Barco N.V., No. 05 C 5620, 2008 WL 4615682 (N.D. Ill. Oct. 16, 2008) (Posner, J. sitting by designation).

I was previously involved in this case and, therefore, I have not posted about prior opinions in detail.  But because I posted that Judge Posner (who is sitting by designation) was holding an inequitable conduct bench trial/evidentiary hearing in the case, I am posting the opinion Judge Posner issued based upon that hearing -- click here to read the opinion and here for the Blog's prior post.  The Court dismissed one of defendant's inequitable conduct arguments, but based upon the other, held two of the patents in suit unenforceable because of inequitable conduct.

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Seventh Circuit's Judge Posner Hears Northern District Bench Trial

Posted on September 16, 2008 by R. David Donoghue

The Seventh Circuit's Judge Posner is scheduled to begin a bench trial this morning on the issue of inequitable conduct in New Medium Technologies LLC v. Barco NV, No. 05 C 5620.  The trial is scheduled to last today and tomorrow, but could go as long as Wednesday.  I represented a party that was in the case, but settled and was dismissed from the case last year.  As a result, I have not covered any opinions from the case, previously before Judge St. Eve.  But I am going to observe some of the trial, and I may blog about the trial if I find some interesting things to say that relate more to the trial techniques of counsel or Judge Posner's courtroom than the facts of the case.

But if you are interested in watching Judge Posner hear a patent case or what I expect to be some excellent advocacy from the Niro firm, for plaintiffs, and Baker & McKenzie, for defendants, the bench trial is being heard in Judge St. Eve's courtroom.

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