Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Cushion Technologies, LLC. v. Adidas Salomon North America, Inc. et al, No. 2:06-cv-00347 (E.D. Tex. Feb. 5, 2008)

Claims Construed
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:06-cv-00347, Dkt. No. 430
Decided
February 5, 2008
Judge
See opinion
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM AND OPINION AND ORDER - the court adopts the constructions herein. The parties are ordered that they may not refer, directly or indirectly, to each others claim construction positions in the presence of the jury. Likewise the par…
Length
13 pages

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

1. Introduction In this case, Cushion Technologies, LLC (“Cushion”) contends that the defendants infringe various claims of U.S. Patent Nos. 5,060,401 and 5,279,051, each of which is subject to a reexamination certificate.1 The patents are not related, but do share common subject matter, e.g. methods and articles for cushioning footwear. The ‘401 patent was filed on February 12, 1990, and the ‘051 patent was filed on January 31, 1992. The ‘401 patent issued on October 29, 1991, and the ‘051 patent issued on January 18, 1994.