August 2010

Looking Ahead

On August 9, 2010, in Golden Hour Data Systems, Inc. v. emsCharts, Inc., Nos. 09-1306, -1396 (Fed. Cir. Aug. 9, 2010), the Federal Circuit affirmed that emsCharts, Inc. and Softtech, LLC did not jointly infringe Golden Hour Data Systems, Inc.’s (“Golden Hour”) patent for managing emergency medical transport services.  The Federal Circuit also vacated a March 2009 ruling by the district court that Golden Hour’s patent is unenforceable due to inequitable conduct, and the Court remanded that part of the case for additional findings on the company’s intent.  Judge Newman dissented.  Please see the full summary in next month’s edition of Last Month at the Federal Circuit.