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
Higher Education Highlights - Spring 2012 by Saul Ewing LLP on 5/18/2012 In This Issue: - Will the U.S. Supreme Court Uphold Race-Based Affirmative Action? pages 1 - 3 - UCLA and Professor Face Fines and Criminal Charges in the Aftermath of Fatal Lab Fire pages 4 - 5 - Law School...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
Can Twitter Protect a User’s Information? by Cullen and Dykman LLP on 5/16/2012 Data obtained from social networking websites continues to become more essential to developing a parties’ case. Production of that data, however, has become more burdensome for the companies developing the technology. For...more
In re Montgomery (Fed. Cir. 2012) by McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2012 In an otherwise unremarkable case of a PTO rejection based on anticipation, Judges Dyk and Lourie engaged in an interesting colloquy on the proper interpretation of what constitutes inherent anticipation, in In re Montgomery....more
British Columbia On-line Dispute Resolution by Fraser Milner Casgrain LLP on 5/15/2012 On May 7, 2012, the Ministry of Justice for British Columbia announced the introduction of Bill 44, the Civil Resolution Tribunal Act. If enacted, British Columbia would become the first jurisdiction in Canada to create a...more
Manhattan Federal Judge Denies UBS’s Motion to Dismiss FHFA Suit by Orrick, Herrington & Sutcliffe LLP on 5/14/2012 On May 4, the Honorable Denise Cote of the Southern District of New York denied UBS Americas Inc.’s (“UBS”) motion to dismiss the Federal Housing Finance Agency’s (“FHFA”) complaint against it for violations of the Securities...more
California Jury Finds the Google Mobile Software Infringes Oracle Copyrights, but Fails to Decide if Google’s Use is Protected... by Patton Boggs LLP on 5/10/2012 On Monday, a California jury found that the Google, Inc. Android mobile device software infringed Oracle Corp. copyrights that cover their Java product. Oracle acquired Java from Sun Microsystems several years ago and sued...more
In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation (Fed. Cir. 2012) by McDonnell Boehnen Hulbert & Berghoff LLP on 5/10/2012 The Federal Circuit reversed a finding of obviousness in Eurand Inc. v. Mylan Pharmaceuticals Inc. (under the caption In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation), taking the occasion to...more
Eleventh Circuit Rejects FTC Challenge to Reverse Payment Settlement by Morgan Lewis on 5/10/2012 Decision by court of appeals affirms that settlements that do not expand the exclusionary scope of a patent are not subject to antitrust challenge. On April 25, the U.S. Court of Appeals for the Eleventh Circuit affirmed...more