Michael O'Shaughnessy

Michael O'Shaughnessy

McDermott Will & Emery

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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

7/30/2015 - ANDA Cisco v CommilUSA Generic Drugs Hatch-Waxman Induced Infringement Noninfringement Patent Infringement Patent Invalidity Patents Pharmaceutical Patents SCOTUS

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

7/2/2015 - Akamai Technologies Appeals Direct Infringement Limelight v Akamai Patent Infringement Patent Litigation Patents Remand

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

6/24/2015 - Brulotte Kimble v Marvel Enterprises Law-of-the-Case Marvel Comics Patent Royalties Patents Royalties SCOTUS Stare Decisis

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

2/11/2015 - Appeals Par Pharmaceutical Patent Infringement Patent Litigation Patents Pharmaceutical Patents

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

12/2/2014 - Evidence Inter Partes Review Proceedings Medical Research Patent Trial and Appeal Board Patents Petitions for Review

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

6/5/2014 - Akamai Technologies En Banc Review Induced Infringement Limelight Networks Miniauction Patent Infringement Patent Litigation Patents SCOTUS

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

5/9/2014 - Abuse of Discretion Contempt Employer-Owned Intellectual Property Hiring & Firing Intellectual Property Litigation

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