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Supreme Court to Patent Holders: Sell Product Anywhere, Exhaust Patent Rights Everywhere

Reversing long-standing Federal Circuit precedent, the United States Supreme Court has now held that a patentee extinguishes its patent rights on a product upon its sale of that product, regardless of (1) whether the patentee...more

ANDA Update - Volume 2, Number 2

180-Day Notice Period for Biosimilar Approval Is Always Mandatory and Enforceable by Injunction - Amgen Inc., v. Apotex Inc., (Fed. Cir. July 5, 2016) - A year after analyzing the patent dance and notice...more

Ninth Circuit is the First Appeals Court to Rule on RAND/SEP Licensing

In a decision written by Judge Marsha S. Berzon, a three-judge panel of the U.S. Court of Appels for the Ninth Circuit affirmed a first-of-its-kind district court judgment relating to royalty rates for standard-essential...more

ANDA Update - July 2015

Supreme Court Holds Good Faith Belief of Patent Invalidity Is Not a Defense to Induced Infringement - Commil USA, LLC v. Cisco Systems, Inc. (Supr. Ct. May 26, 2015): Pharmaceutical patents commonly include...more

A Single Entity Must Perform All Steps of a Method Claim in Order to Commit Direct Infringement - Akamai Techs., Inc. v. Limelight...

Following a remand from the Supreme Court, the U.S. Court of Appeals for the Federal Circuit affirmed its prior panel decision, holding that direct infringement liability of a method claim under 271 U.S.C. § 271(a) only...more

The 'Super Powered' Rule of Stare Decisis Defeats Spider Man

The Supreme Court of the United States, in a 6-3 decision, left undisturbed the rule from its 51-year-old decision in Brulotte v. Thys Co. (1964), invoking stare decisis and rejecting arguments seeking to overturn the rule...more

Inherency Requires Factual Evidence that a Limitation Is Necessarily Present or Is the Natural Result - Par Pharm., Inc. v. TWI...

Vacating a district court’s obviousness determination, the U.S. Court of Appeals for the Federal Circuit explained that the district court misapplied the law of inherency. Par Pharm., Inc. v. TWI Pharms., Inc., Case No....more

Warning: No Sandbagging Experimental Evidence

Baxter Healthcare Corp. v. Millenium Biologix, LLC - The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) has explained that an inter partes review (IPR) petitioner should fully support...more

Supreme Court: No Inducement Based on Divided (Direct) Infringement

On June 2, 2014, in a unanimous decision, the Supreme Court of the United States in Limelight Networks, Inc. v. Akamai Technologies, Inc. reversed a decision from the U.S. Court of Appeals for the Federal Circuit, which had...more

Civil Contempt Only Applies if Party Violates Explicit Terms of Order

Energy Recovery, Inc. v. Hauge - Addressing a civil contempt order under an abuse of discretion standard, the U.S. Court of Appeals for the Federal Circuit found in that a former employee was not in contempt because he...more

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