Civil Procedure Intellectual Property

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General “Desire” to Improve Can Provide Sufficient Rationale to Combine References

Pointing to the “normal desire” of scientists to improve what is already known as a rationale to combine, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB’s) inter partes...more

Rejecting Pendency of Related Cases as a Dominant Factor, Federal Circuit Orders ED Texas to Transfer Patent Infringement Case to...

In re Google, Inc., Case No. 2017-107 (Fed. Cir. Feb. 23, 2017)(nonprecedential). The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus ordering the U.S. District Court for the Eastern District of...more

Multiple Actors May Perform Steps in Method Claims for Purposes of Inducement

Addressing the issue of divided infringement, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding of induced infringement even though no single actor performed all steps of the asserted...more

Trade Secret Misappropriation in the World of Driverless Cars: Google versus Uber

On Thursday, Waymo LLC sued Uber Technologies and Ottomotto LLC in federal court in the Northern District of California for: (1) violation of the federal Defend Trade Secrets Act; (2) violation of California’s Uniform Trade...more

The Song says 2 out of 3 Ain’t Bad; The Supreme Court says 1 is not “Substantial”

In Life Technologies Corp. v. Promega Corp. [14-1538] (February 22, 2017), the Supreme Court reversed a Federal Circuit decision that supplying a single component of a multi-component invention from the United States is an...more

News from Abroad -- Swiss-style Patent Claims Can Be Very Valuable in Australia

The scope for enforcement of Swiss-style claims may be broader in Australia than for method of medical treatment claims. Second medical use inventions can be claimed in an ever increasing number of claim formats depending on...more

USPTO Standards of Review for Inter Partes Review Proceedings

The Administrative Procedures Act (APA) applies to Patent Trial & Appeal Board (PTAB) proceedings, and the Court of Appeals for the Federal Circuit (CAFC) is using the APA to check the PTAB’s tendency to invalidate claims....more

Matching Claim Language with Label Language Ensnares Infringers

On January 12, 2017, the U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the judgement that Eli Lilly’s U.S. Patent No. 7,772,209 (“the ’209 Patent”) was valid and infringed under the doctrine of...more

District Court Denies Request to Change Expert Date Based on Change in Defense Counsel

Plaintiff Genes Industry, Inc. ("Genes") filed a patent infringement action against Defendant Custom Blinds and Components, Inc. ("Custom"). The patent discloses a winding wheel for use on window coverings....more

Jersey Boys: The Curtain Call For Two Copyright Claims

Last month, the Broadway hit-musical Jersey Boys closed its doors after a spectacular eleven-year run. As someone who hails from the great state of New Jersey and who saw the show twice, I thought it was only appropriate to...more

Mylan, Apotex, Coherus, and Adello File Amicus Briefs in Sandoz v. Amgen

As we covered in previous posts, the Supreme Court will hear arguments regarding the Federal Circuit’s interpretation of the BPCIA’s notice of commercial marketing requirement and patent dance provisions in April 2017....more

Fitbit, Inc. v. AliphCom (N.D. Cal. 2017)

Software Patent Directed to Pairing Activity Trackers to a Device Considered Patent-Eligible - In the U.S. District Court for the Northern District of California (San Jose Division), Fitbit, Inc., sued Aliphcom (d/b/a...more

The Supreme Court Chooses Quantity over Quality – Supplying a Single Component of a Multicomponent Invention Does Not Constitute...

On February 22, 2017, the U.S. Supreme Court addressed the issue of whether the supply of a single component of a multicomponent invention qualifies as an infringing act under 35 USC §271(f)(1) of the U.S. Patent Act. In its...more

Pharmaceutical Care Management Association, National Association of Chain Drug Stores, and Healthcare Supply Chain Association...

As we have previously reported, in April the Supreme Court will hear arguments regarding the Federal Circuit’s interpretation of the BPCIA’s notice of commercial marketing requirement and patent dance provisions. As we...more

3D Cinema Systems: ITC Declines to Apply Issue Preclusion Based on PTAB’s IPR Decision

In 3D Cinema Systems (Inv. 939), the Commission issued an opinion that explained why it did not give deference to a decision of invalidity by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR)....more

Supreme Court Addresses Scope of Patent Infringement Under Section 271(f)(1)

Section 271(f)(1) of the Patent Act provides that a party infringes a patent claim when it "supplies or causes to be supplied in or from the United States all or a substantial portion of the components of a patented invention...more

"US Supreme Court Holds That Exporting One Component of Invention Abroad Does Not Suffice for Patent Infringement"

In a 7-0 decision issued on February 22, 2017, in Life Technologies Corp. v. Promega Corp., the U.S. Supreme Court held that exporting a single component of a multicomponent invention for combination abroad does not give rise...more

USPTO Errs in Failing to Carry Burden to Support Rejection

Failure of the U.S. Patent & Trademark Office (USPTO) to respond to patentee arguments in more than a conclusory manner constitutes reversible error. Where one party has the burden to establish a particular fact, the Federal...more

Supreme Court Rules In Life Technologies Corp. V. Promega Corp.

On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of...more

Supreme Court Reins in International Supplier Liability under U.S. Patent Law

On February 22, 2017, the Supreme Court handed down a unanimous opinion in Life Technologies. Corp. v. Promega Corp., 580 U.S. ___ (2017) (Roberts, C.J., recused), holding that manufacturing and exporting a single component...more

Will You, Won't You Join The Biosimilar Patent Dance?

In the latest dispute surrounding the “patent dance” provisions of the Biologics Price Competition and Innovation Act (BPCIA), Genentech, Inc. has filed a complaint against Amgen, Inc., alleging that after opting into the...more

Litigation Alert: The Supreme Court Reverses Federal Circuit Ruling on Extraterritorial Patent Infringement

In an opinion that will likely give peace of mind to businesses shipping products from the U.S. abroad, Justice Sonia Sotomayor, writing for a unanimous Supreme Court, reversed the Federal Circuit in Life Technologies v....more

Stating Problems that the Claimed Invention is Trying to Solve Appears helpful to Vindicate Patent Eligibility

In Trading Technologies International, Inc. v. CQG, Inc. et al., [2016-1616] (January 18, 2017), the Court of Appeals for the Federal Circuit (CAFC) affirmed the district court’s holding of patent eligibility with regard to...more

Federal Circuit Further Narrows the Availability of CBM Review

On February 21, in Secure Axcess, LLC v. PNC Bank Nat’l. Assoc’n, the U.S. Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal Board’s (PTAB) characterization of Axcess’s patent as a covered business...more

Supreme Court Limits Foreign Reach of the U.S. Patent Act

The supply from the United States of a single component of an invention, for assembly of the invention abroad, is not patent infringement under Section 271(f)(1) of the Patent Act. This is according to a unanimous ruling this...more

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