Litigators in the life sciences field are no doubt familiar with the so-called “artificial” act of infringement established by 35 U.S.C. § 271(e)(2)(A)-(B): namely, that a party can be sued for patent infringement by merely...more
Patent claim limitations that are “negative”—that is, claim limitations specifying the absence of a particular element from the patent claim—can pose a dilemma in the written description context. How much of the specification...more
In a seismic change to its evidentiary jurisprudence, New York recently enacted legislation that significantly broadens the admissibility of statements made by a party’s agent or employee....more
Confronting a life sciences patentee with its statements to regulatory bodies (such as the FDA) is a textbook defense strategy in patent litigation. After all, communications with regulatory bodies are often performed by...more
Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence (“AI”) systems, the U.S. District Court for the Eastern District of Virginia ruled on September 3, 2021 that an AI machine cannot...more
9/9/2021
/ Artificial Intelligence ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Life Sciences ,
Patent Applications ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Pharmaceutical Industry ,
USPTO
In a decision reaching all corners of the technology sector, the U.S. Supreme Court on June 29, 2021 held that, when fairness requires, a patent inventor can contest a patent's validity after assigning it to a third party....more
As though commercial transactions were not already fraught with enough potential pitfalls, a recent decision from the Southern District of New York highlighted yet another risk that could carry significant consequences to...more
In a recent decision out of the District of Connecticut, defendants MacBeth Collection, L.L.C, its affiliates, and owner found themselves in hot water when Judge Merriam determined they violated a permanent injunction barring...more
12/24/2018
/ Attorney's Fees ,
Damages ,
Failure To Pay ,
Liquidated Damages ,
Logos ,
Misappropriation ,
Modification ,
Preponderance of the Evidence ,
Settlement Agreements ,
Trademark Infringement ,
Trademarks
After a lengthy and circuitous patent proceeding between plaintiff O.F. Mossberg & Sons (“Mossberg”) and defendants Timney Triggers, LLC and its related manufacturing entity (collectively, “Timney”), which ultimately resulted...more
10/30/2018
/ Attorney's Fees ,
Bad Faith ,
Exceptional Case ,
Inter Partes Reexamination ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Real Party in Interest ,
USPTO ,
Voluntary Dismissals
In a recent decision involving a dispute between head-to-head competitors in the market for “poster boards and poster board accessory products,” Judge Bolden in the District of Connecticut dismissed defendant Royal Consumer...more
In a dramatic conclusion to the nearly seven year old patent litigation between Datatern and Microstrategy (including a number of Microstrategy’s customers), Judge Saylor in the District of Massachusetts recently awarded...more
6/22/2018
/ Attorney's Fees ,
Claim Construction ,
Dismissal With Prejudice ,
Dispositive Motions ,
Exceptional Case ,
Failure to Prosecute ,
Mistake ,
Motion to Withdraw ,
Non-Payment Clauses ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Software Patents
The Institute of Electrical and Electronics Engineers, Inc. (“IEEE”) is the well-known engineering standards organization often cited in patent litigations to inform issues ranging from claim construction to the state of the...more
In its second opinion this week with wide-ranging implications for the inter-partes review (“IPR”) process, the Supreme Court on Tuesday addressed whether the Patent Trial and Appeal Board (“PTAB”) has the authority to...more
In a recent decision from the District of Connecticut, Judge Meyer awarded attorneys’ fees against a plaintiff who the court found brought an “objectively unreasonable” copyright infringement claim based on an unpublished...more
In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys’ fees, after finding that the case was “exceptional.”
The suit began in 2013,...more
2/21/2018
/ Attorney's Fees ,
Discovery ,
Discovery Disputes ,
Exceptional Case ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prior Art ,
Rule 30(b)(6) ,
Software Patents ,
Summary Judgment
Last year, a jury awarded Brigham and Women’s Hospital (“BWH”) approximately $10 million after it found that defendant Perrigo Company’s (“Perrigo”) generic version of Pepcid® Complete® willfully infringed BWH’s patent. After...more
Under some circumstances, party error can excuse late-filed amendments to infringement and invalidity contentions, according to a recent decision by Judge F. Dennis Saylor IV. Approximately five years ago, plaintiff DataTern,...more
In a recent decision, Magistrate Judge Kelley addressed the legitimacy of withholding third party communications under the common interest doctrine. The case involved plaintiff Crane Security Technologies, Inc. (“Crane”) –...more
2/17/2017
/ Common-Interest Privilege ,
Confidential Communications ,
Counterfeiting ,
Financial Institutions ,
Intellectual Property Protection ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patent-in-Suit ,
Patents ,
Technology ,
Third-Party Relationships
In a recent landmark decision, the Court of Appeals for the Federal Circuit announced that not all inter partes review (“IPR”) proceedings at the U.S. Patent Office can be appealed. While anyone can file an IPR petition, not...more
The recent jury verdict in a dispute over a generic version of the heartburn medication Pepcid® Complete® would be enough for anyone to reach for a few tablets of the accused product. After an eight day trial presided over by...more
12/21/2016
/ Generic Drugs ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Laches ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Summary Judgment ,
Willful Infringement
We previously wrote about Judge Wolf’s decision to invalidate Janssen Biotech, Inc.’s (“Janssen”) biopharmaceutical patent (U.S. Patent No. 6,284,471 (the “’471 Patent”)), based on the doctrine of obviousness-type double...more
10/6/2016
/ Biotechnology ,
Celltrion ,
Dismissals ,
Healthcare ,
Janssen Pharmaceuticals ,
Life Sciences ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents
In a recent decision on obviousness-type double patenting, Judge Wolf shortened the shelf life of a dispute between Janssen Biotech, Inc. (“Janssen”) and Celltrion Healthcare Co. Inc. (“Celltrion”), relating to a...more
A recent decision from Judge Stearns sheds new light on a dispute between Lexington Luminance (“Lexington”) and Google over LED technology.
The dispute began in November, 2012, when Lexington accused Google of infringing...more
It started with Vermont in 2013. Since then, over half the states have enacted legislation aimed at curbing patent infringement suits from non-practicing entities. Now, the band may add another member: Massachusetts....more
7/14/2016
/ Attorney's Fees ,
Bad Faith ,
Demand Letter ,
Non-Practicing Entities ,
Patent Infringement ,
Patent Litigation ,
Patent Reform ,
Patents ,
Pending Legislation ,
State Law Claims ,
Treble Damages
In a lengthy litigation between Akamai Technologies, Inc. (“Akamai”) and Limelight Networks, Inc. (“Limelight”), the District of Massachusetts recently addressed whether Limelight waived issues presented in its Renewed Motion...more