McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. In light of that effort, we are pleased to announce that our free webinar...more
The US Court of Appeals for the Federal Circuit dismissed an appeal, finding it lacked appellate jurisdiction to review a Patent Trial & Appeal Board (Board) decision to vacate an institution decision of inter partes review...more
Addressing the issue of whether litigation costs that exceed potential damages necessarily render a case exceptional, the US Court of Appeals for the Federal Circuit affirmed a district court’s decision that they did not....more
10/4/2019
/ Appeals ,
Attorney's Fees ,
Exceptional Case ,
Injunctive Relief ,
Jury Trial ,
Litigation Fees & Costs ,
Lost Profits ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Summary Judgment
In reversing a district court decision as to whether a validity issue remained justiciable after the challenged claims were disclaimed, the US Court of Appeals for the Federal Circuit explained that the patent owner’s...more
10/2/2019
/ Appeals ,
Article III ,
Claim Disclaimer ,
Claim Preclusion ,
Inter Partes Review (IPR) Proceeding ,
Jurisdiction ,
Justiciable Controversy ,
Lack of Authority ,
Mootness ,
Motion to Amend ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Reversal ,
Treatment Method Patents
Addressing the patentability of method-of-treatment claims, the US Court of Appeals for the Federal Circuit issued two decision finding such claims patent eligible. Natural Alternatives Int’l, Inc. v. Creative Compounds, LLC,...more
4/25/2019
/ Appeals ,
Judgment on the Pleadings ,
Method Claims ,
Motion to Dismiss ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Product of Nature Doctrine ,
Remand ,
Reversal ,
Section 101 ,
Treatment Method Patents
The US Court of Appeals for the Federal Circuit affirmed that inducement of infringement can be shown based on encouragement and inferred intent of infringing use from a drug label. Sanofi-Aventis U.S., LLC v. Watson Labs....more
Settlement agreement between a co-defendant and plaintiff in a Hatch-Waxman patent litigation matter is discoverable, ruled Judge Bryson in Allergan, Inc. v. Teva Pharmaceuticals, Inc. et al., Case No. 15-1455 (E.D. Tex.,...more
On-Sale Bar Is No Bar for Selling Manufacturing Services to the Inventor -
Addressing what constitutes an invalidating “sale” under § 102(b), the US Court of Appeals for the Federal Circuit sitting en banc affirmed the...more
11/4/2016
/ Abbreviated New Drug Application (ANDA) ,
Antitrust Violations ,
Appeals ,
Direct Infringement ,
Food and Drug Administration (FDA) ,
HIV ,
Indirect Infringement ,
Inventors ,
Manufacturers ,
Motion to Dismiss ,
On-Sale Bar ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Product Hopping ,
Reverse Payments ,
Sherman Act