Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

My Fellow Californians - Our Long National Nightmare is Over

by Sheppard Mullin Richter & Hampton LLP on 5/23/2012

In the same era Gerald Ford advised his fellow Americans that “our long national nightmare is over,” as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale...more

Federal Circuit Ruling Clarifies Recapture Rule For Reissue Claims Of Intermediate Scope

by Ropes & Gray LLP on 5/23/2012

On May 8, the Federal Circuit in In re Youman, No. 2011-1136, 2012 WL 1598089, clarified years of recapture law by vacating a decision of the Board of Patent Appeals and Interferences that rejected reissue claims being...more

Federal Circuit Upholds Jury’s Verdict Invalidating a Software Patent Under the On-Sale Bar of 35 U.S.C. §102(b)

by Patton Boggs LLP on 5/22/2012

In Leader Technologies, Inc. v. Facebook, Inc., No. 11-1366 (Fed. Cir. May. 8, 2012), the Court of Appeals for the Federal Circuit recently affirmed a District Court jury’s verdict that a software patent was invalid as...more

Court Report - May 21, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP on 5/22/2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Orion Corp. v. Mylan Pharmaceuticals Inc. 1:12-cv-00523; filed April 26, 2012 in the District Court of...more

Applying Prometheus To Myriad: Possible Outcomes

by Sheppard Mullin Richter & Hampton LLP on 5/22/2012

Originally published in Law360, New York, May 21, 2012 -- On March 26, 2012, the U.S. Supreme Court issued a much anticipated GVR (grant [certiorari], vacate and remand) order in the Association for Molecular Pathology v. the...more

Patents County Court: Case Management Directions

by Jane Lambert on 5/20/2012

Case management conferences are very important in Patents County Court litigation. They present the only opportunity to stay an action or transfer it to another court. They are the occasion when the court decides the...more

In re Baxter International, Inc. (Fed. Cir. 2012)

by McDonnell Boehnen Hulbert & Berghoff LLP on 5/18/2012

In a dissent from the Federal Circuit's affirmance of a Board determination of obviousness, Judge Newman raises a jurisdictional and separation-of-powers argument in In re Baxter International, Inc. that is destined to be...more

ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators

by Potter Anderson & Corroon LLP on 5/18/2012

Representing a compromise in the pharmaceutical industry in balancing patent exclusivity against market competition, the effect of the Drug Price Competition and Patent Term Restoration Act (commonly known as the Hatch-Waxman...more

Subpoena Twitter Accounts - New York Court Says "Yes!"

by Tyson B. Snow on 5/17/2012

An interesting decision came out of New York recently. It is a criminal matter involving an Occupy Wall Street protestor who was arrested for disorderly conduct as he marched across the Brooklyn Bridge. While the case was...more

Second Circuit, in Matter of First Impression in that Circuit, Holds that non-U.S. Production or Use Does Not Trigger “First Sale...

by Cadwalader, Wickersham & Taft LLP on 5/16/2012

In reporting on Omega S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008), aff’d by an evenly divided Court, Costco Wholesale Corp v. Omega, S.A., 131 S.Ct. 565 (2010) — a Ninth Circuit decision affirmed by the U.S....more