For our weekly SoCal IP Institute meeting on Monday, November 20, 2017, we will discuss the following cases:
David Jang v. Boston Sci Corp., (C.D.Cal September 29, 2017) (available here). David Jang patented an intravascular stent and sued Boston Science Corporation for infringement. After almost 10 years of litigation, the district court denied Dr. Jang’s request for a judgment as a matter of law on the grounds that no reasonable jury could have found that defendant did not literally infringe his patent. The CAFC affirmed.
Enigma v. Malwarebytes, Inc. , (N.D. Cal November 7, 2017) (available here). Enigma and Malwarebytes both make software that cleans computers of untrustworthy software. Malwarebytes released a list of untrustworthy software it recommends users remove and included Enigma on the list. Enigma contended Malwarebytes wrongfully characterized its software, while Malwarbytes believed its claims were immune because of the Communications Decency Act. The court sided with Malwarbytes and granted its motion to dismiss.
All are invited to join us on November 20, 2017, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.