Archive for July 2007

Judge Dee Benson – Motion for Preliminary Injunction denied

July 6, 2007

ANDERSEN MANUFACTURING, INC., an Idaho Corporation, Plaintiff, vs. DIVERSI-TECH CORP., a Utah Corporation, ANGELA BUDGE, and PAUL BUDGE, Defendants

2007 U.S. District LEXIS 47925

Case No.: 2:05-CV-923, Consolidated with 2:07-CV-88

United States District Court for the District of Utah, Central Division

July 2, 2007 – Judge Dee Benson

Plaintiff Andersen Manufacturing, Incorporated requested a preliminary injunction preventing Diversi-Tech Corporation from continuing its alleged infringement of a patent for an extruded aluminum trailer hitch.

The Court stated that “in order to merit the grant of a motion for preliminary injunction, a movant must show: (1) a substantial likelihood of success on the merits of the case; (2) irreparable injury to the movant if the preliminary injunction is denied; (3) the threatened injury to the movant outweighs the injury to the other party under the preliminary injunction; and (4) the injunction is not adverse to the public interest.”

The Court expressed concerns regarding the validity of the Anderson patent, particularly in regard to the obviousness of the apparatus. As to the two item of uniqueness claimed by the plaintiff, the Court states: “there is support for the proposition that both a trailer hitch drop bar and aluminum alloy are well-known elements in the prior art.”

“Accordingly, Andersen’s motion for a preliminary injunction fails to meet the burden of step 1. Andersen has not shown a substantial likelihood of success on the merits due to significant questions as to the validity of the ‘412 patent.”


Watch out local music downloaders

July 6, 2007

If anyone in Provo has been illegally downloading music, watch out.

Several music companies have been granted approval by Magistrate Judge Brooke Wells to issue a subpoena to identify the names, addresses and phone numbers of four Provo internet company customers who are being sued for music piracy.

The internet company has already publicly stated they will not contest the subpoena and will fully cooperate.

See link to opinion here.