Civil Procedure Intellectual Property

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Federal Circuit Find Fractures in Roche Boniva Patents

In Hoffman-LaRoche, Inc. v. Apotex, Inc., the Federal Circuit affirmed the district court’s summary judgment that two Roche Boniva patents are invalid as obvious. The conclusion of obviousness is not particularly remarkable...more

Experts and Redundant Prior Art

In DeLaval International AB v. Lely Patent N.V., IPR2013-00575, Paper 18 (April 9, 2014), the patent owner objected the petitioner’s expert declaraton that referred to prior art that was not part of the instituted grounds...more

Marathon Cross Examination

In Facebook Inc. v. Software Rights Archive, LLC, IPR2013-00479, Paper 28 (April 9, 2014) the patent owner asked for leave to cross-examine petitioner’s expert witness for a total of 14 hours, in view of the fact that there...more

U.S. Patent Office Issues Extensive Subject Matter Eligibility Guidelines

The United States Patent Office periodically issues guidance for examiners (“Examiners”), often in response to a recent court decision or new statute. These guidelines do not have the force of law, but nevertheless establish...more

Cumulative Art Rejections v. Estoppel: Balancing Competing Interests In IPR Petitions

Inter Partes Review, or IPR, is one of the new procedures implemented through the Leahy-Smith America Invents Act that challenges a patent’s validity at the Patent Trial and Appeals Board (PTAB) of the United States Patent...more

April 2014: ITC Litigation Update

Inducement in the ITC Following Suprema? A split Federal Circuit panel held in Suprema, Inc. v. ITC (Dec. 13, 2013) that an exclusion order issued by the International Trade Commission (“ITC”) under Section 337 “may not be...more

Hoffman-La Roche Inc. v. Apotex Inc. (Fed. Cir. 2014)

Last Friday, the Federal Circuit issued an opinion in Hoffman La-Roche Inc. v. Apotex Inc. that is a cautionary tale of patent lifecycle and the difficulties those seeking to extend patent protection face -- namely the...more

Stays Pending Inter Partes Review - New Strategies For The New Rules

As the Patent Trials and Appeals Board (“PTAB”) works through the first wave of filings under the new inter partes review (“IPR”) procedures, district courts are addressing an increasing volume of requests for stays pending...more

No 102(e) Prior Art in a CBMR

In Trulia, Inc, v. Zillow, Inc., CBM2013-00056, Paper 19 (April 10, 2014), it was called to the Board’s attention that the prior art relied upon in the petition was 102(e) which is not proper prior art for a covered business...more

Can’t Sneak in Another Argument

In Rackspace Hosting, Inc. v. Rotatable Technologies, LLC, IPR2013-00248, Paper 27 (April 9, 2014), the petitioner submited a seven page request for oral argument including arguments...more

Getting a Word in Edgewise

The Board has been stingy granting additional pages for submissions, but in Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2013-00345, Paper 32 (April 11, 2014) the Board granted petitioner an additional 5...more

A Picture is Worth 1000 Words — Video Depositions

in BioMarin Pharmaceutical Inc. v. Genzyme Therapeutic Products Limited Partnership, IPR2013-00534, Paper 32, IPR2013-00537, Paper 31 (April 11, 2014), the patent owner sought to take video cross examination of the...more

IP Newsflash - April 2014

DISTRICT COURT CASES - Rule 11 Sanctions Warranted Due to Plaintiff’s Objectively Unreasonable Claim Construction - A district court in Delaware has granted a defendant’s motion for sanctions against a plaintiff...more

Intent To Use – It’s Not The Thought That Counts

Bona fide intent, the sine qua non of non-use trademark applications, was given new meaning by the TTAB in a decision released unpublished February 21, 2014 but redesignated as precedent on March 26, 2014, thus placing at...more

API Manufacturers Are Not Proper Defendants In Hatch-Waxman Actions

A district court judge in New Jersey recently granted an API supplier’s motion to dismiss claims filed against the supplier in an ANDA suit, raising questions about whether an API supplier belongs as a defendant in these...more

The First (and Second) Outright Win for the Patent Owner

In a heartening (to patent owners) reminder that invalidation in an IPR is not automatic, in ABB Inc. v. Roy-G-Biv Corp., IPR2013-00062 and IPR-00282, Paper 84 (April 11, 2014), the Board found that ABB failed to show that...more

What to Do When A Reply Exceeds its Proper Scope

In addition to handing a patent owner the first outright win in an inter partes review, in ABB Inc. v. Roy-G-Biv Corp., IPR2013-00062 and IPR-00282, Paper 84 (April 11, 2014), and ABB Inc. v. Roy-G-Biv Corp., IPR2013-00074...more

Court Report

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Dr. Reddy's Laboratories Ltd. et al. 1:14-cv-00387; filed March 26, 2014 in the...more

Patent Filings on April 11, 2014

New Filings - FLIR Systems, Inc., filed IPR 2014-000608 challenging claims 1-58 of U.S. Patent No. 8,426,813, assigned to Furry Brothers LLC/ Leak Systems, Inc. ...more

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright...more

The Complexities of the USPTO Proposed Attributable Ownership Rules

The USPTO proposed attributable ownership rules would require the public disclosure of the “attributable owner” of patent applications and patents. As discussed in this article, the proposed definition of “attributable owner”...more

Psihoyos v. John Wiley & Sons, Inc.

Psihoyos v. John Wiley & Sons, Inc. - USCA Second Circuit, April 4, 2014: Second Circuit adopts “discovery rule” for accrual of copyright infringement claims, affirms dismissal of infringement claims with respect to...more

Patent Infringement Lawsuits Against Software End-Users

Are you a Canadian software vendor with customers in the USA? Let’s say your US end-user customer is sued for patent infringement in the US based on use of your software, but the lawsuit avoids naming your company. In other...more

Anti-Patent Troll Legislation: What is Proposed and What it Could Mean

Proposed patent legislation has been causing a stir at both the federal and state levels recently. In an effort to curb infringement litigation initiated by non-practicing entities, often referred to as "patent trolls,"...more

New Zealand Patent Oppositions – Can I File Late Evidence?

I continue my series of articles on the topic of New Zealand Patent Oppositions. My earlier article NZ Patent Oppositions - What are the steps? describes the process for both the opponent and the applicant to submit their...more

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