Lawrence M. Sung

Lawrence M. Sung

BakerHostetler

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BakerHostetler Patent Watch Suprema, Inc. v. Int'l Trade Comm'n

On December 13, 2013, in Suprema, Inc. v. Int'l Trade Comm'n, the U.S. Court of Appeals for the Federal Circuit (Prost, O'Malley,* Reyna) affirmed-in-part, vacated-in-part and remanded-in-part the Commission's...more

12/19/2013 - Exclusion Orders ITC Patent Infringement Patent Litigation Patents

BakerHostetler Patent Watch CBT Flint Partners, LLC v. Return Path, Inc.

On December 13, 2013, in CBT Flint Partners, LLC v. Return Path, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, O'Malley, Taranto*) reversed-in-part, vacated-in-part and remanded the district court judgment...more

12/17/2013 - Cisco Discovery Litigation Fees & Costs Patents

BakerHostetler Patent Watch: Galderma Labs., L.P. v. Tolmar, Inc.

On December 11, 2013, in Galderma Labs., L.P. v. Tolmar, Inc., the U.S. Court of Appeals for the Federal Circuit (Newman, Bryson, Prost*) reversed the district court's judgment that U.S. Patents No. 7,579,377, No. 7,737,181,...more

12/17/2013 - Drugs Obviousness Patents Pharmaceutical

BakerHostetler Patent Watch: Hamilton Beach Brands, Inc. v. Sunbeam Prods., Inc.

[T]here is no "supplier exception" to the on-sale bar, [and] it is of no consequence that the "commercial offer for sale" [was] made by [the patentee's] own supplier and was made to [the patentee] itself....more

8/16/2013 - Infringement On-Sale Bar Patent Litigation Patents Suppliers

BakerHostetler Patent Watch: Taurus IP, LLC v. DaimlerChrysler Corp.

While an adverse claim construction generally cannot, alone, form the basis for an exceptional case finding, [a] party cannot assert baseless infringement claims and must continually assess the soundness of pending...more

8/13/2013 - Bad Faith Claim Construction DaimlerChrysler Infringement Patents

BakerHostetler Patent Watch: Aria Diagnostics, Inc. v. Sequenom, Inc.

While the facts may show that damages would be reparable, this assumption is not sufficient [for purposes of a preliminary injunction analysis]....more

8/12/2013 - AMP v Myriad DNA Infringement Myriad Patent-Eligible Subject Matter Patents Preliminary Injunctions SCOTUS

BakerHostetler Patent Watch: Rembrandt Vision Techs., Inc. v. Johnson & Johnson Vision Care, Inc.

An expert witness may not testify to subject matter beyond the scope of the witness's expert report unless the failure to include that information in the report was "substantially justified or harmless."...more

8/8/2013 - Cross Examination Disclosure Requirements Expert Testimony Expert Witness Infringement Johnson & Johnson Patents

BakerHostetler Patent Watch: Apple, Inc. v. Int'l Trade Comm'n

[E]vidence relating to all four Graham factors -- including objective evidence of secondary considerations -- must be considered before determining whether the claimed invention would have been obvious to one of skill in the...more

8/8/2013 - Apple Graham Factors Infringement ITC Motorola Obviousness Patents Prior Art

BakerHostetler Patent Watch: Cheese Sys., Inc. v. Tetra Pak Cheese and Powder Sys., Inc.

Where a court holds a claim obvious without making findings of secondary considerations, the lack of specific consideration of secondary considerations ordinarily requires a remand....more

8/8/2013 - Doctrine of Equivalents Infringement Obviousness Patents Prior Art Summary Judgment

BakerHostetler Patent Watch: Novozymes A/S v. DuPont Nutrition Biosciences APS

On July 22, 2013, in Novozymes A/S v. DuPont Nutrition Biosciences APS, the U.S. Court of Appeals for the Federal Circuit (Rader, Schall,* Bryson) affirmed the district court's judgment as a matter of law that U.S. Patent No....more

7/25/2013 - Biotechnology Patent Litigation Patents Pharmaceutical Prescription Drugs USPTO

BakerHostetler Patent Watch In re Adler

When the Board relies upon a new ground of rejection not relied upon by the examiner, the applicant is entitled to reopen prosecution or to request a rehearing [unless the applicants] have had fair opportunity to react to the...more

7/19/2013 - Patent Infringement Patent Litigation Patents Petition For Rehearing USPTO

Patent Watch: Ass'n for Molecular Pathology v. Myriad Genetics, Inc.

A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring....more

6/15/2013 - AMP v Myriad Biotechnology BRCA DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

Patent Watch: Organic Seed Growers & Trade Ass'n v. Monsanto Co.

"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the absence of a...more

6/13/2013 - Genetically Engineered Seed Judicial Estoppel Monsanto Noninfringement Organic Seed Growers & Trade Assn Patents

Patent Watch: InterDigital Commc'ns, Inc. v. Int'l Trade Comm'n

"[A]n ITC order terminating an investigation on the basis of an arbitration agreement [is] an appealable final determination under 19 U.S.C. § 1337(c) [over which the Federal Circuit has] jurisdiction under 28 U.S.C. §...more

6/12/2013 - Arbitration Arbitration Agreements Investigations ITC Patents

Patent Watch: Regents of the Univ. of Minn. v. AGA Med. Corp.

In disclaiming claim coverage in light of certain prior art, the applicant does not thereby act as a lexicographer, redefining individual words....more

6/5/2013 - Medical Devices Patent Applications Patents Prior Art USPTO

Patent Watch: Ateliers de la Haute-Garonne v. Broetje Automation USA Inc.

"There is no requirement in 35 USC 112 that an applicant point out which of his embodiments he considers his best mode; that the disclosure includes the best mode contemplated by the applicant is enough to satisfy the...more

5/24/2013 - Best Mode Requirement Inventors Patent Applications Patents

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

[P]ermitting state courts to adjudicate disparagement cases (involving alleged false statements about U.S. patent rights) could result in inconsistent judgments between state and federal courts [but] this possibility of...more

5/22/2013 - Claim Construction Disparagement Infringement Jurisdiction Patents

Patent Watch: Dey, L.P. v. Sunovion Pharms., Inc.

“[A]n agreement of confidentiality, or circumstances creating a similar expectation of secrecy, may negate a ‘public use’ where there is not commercial exploitation” [even] when an unaffiliated third party is responsible for...more

5/22/2013 - Confidentiality Agreements Patents Pharmaceutical Pharmaceutical Patents Prescription Drugs Public Use

Patent Watch: Alexsam, Inc. v. IDT Corp.

Expert testimony [may be] required not only to explain what the prior art references disclosed, but also to show that a person skilled in the art would have been motivated to combine them in order to achieve the claimed...more

5/22/2013 - Expert Testimony Obviousness Patents Prior Art Rule 37

Patent Watch: Aventis Pharms., Inc. v. Amino Chems. Ltd.

"[T]he same claim term can have different constructions depending upon the context of how the term is used within the claims and specification."...more

5/22/2013 - Contract Interpretation Patents

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

5/16/2013 - Arbitration Foreign Jurisdictions Forum Selection Clause Genentech Injunctions Licenses Patents

Patent Watch: Motiva, LLC. v. Int'l Trade Comm'n

The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more

5/15/2013 - Domestic Industry Requirement ITC Patents

Patent Watch: CLS Bank Int'l v. Alice Corp.

[T]hough much is published today discussing the proper approach to the patent eligibility inquiry, nothing said today beyond our judgment has the weight of precedent....more

5/15/2013 - CLS Bank CLS Bank v Alice Corp Patent-Eligible Subject Matter Patents

Patent Watch: Bowman v. Monsanto Co.

On May 13, 2013, in Bowman v. Monsanto Co., the U.S. Supreme Court upheld the Federal Circuit's affirmance of the district court's judgment that Bowman infringed U.S. Patents No. 5,352,605 and No. RE39,247, which related to...more

5/14/2013 - Bowman v Monsanto Genetically Engineered Seed Infringement Monsanto Patent Exhaustion Patents SCOTUS

Patent Watch: Baron Servs., Inc. v. Media Weather Innovations, LLC

On May 7, 2013, in Baron Servs., Inc. v. Media Weather Innovations, LLC, the U.S. Court of Appeals for the Federal Circuit (Dyk, Reyna, Prost*) vacated and remanded the district court's summary judgment that MWI did not...more

5/9/2013 - Discovery Infringement Patents Summary Judgment

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