Civil Procedure Science, Computers & Technology

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Federal Circuit Review | January 2017

PTAB’s Final Written Decision in IPR Must Explain Its Basis for a Motivation to Combine References - In In Re: Nuvasive, Inc., Appeal No. 2015-1670, the Federal Circuit vacated the PTAB’s obviousness finding in an IPR,...more

Privilege Claims Validated in Counterfeit Detection Dispute

In a recent decision, Magistrate Judge Kelley addressed the legitimacy of withholding third party communications under the common interest doctrine. The case involved plaintiff Crane Security Technologies, Inc. (“Crane”) –...more

PTAB Decides CRISPR Interference in Favor of Broad Institute -- Their Reasoning

On February 15, 2017, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office rendered judgment that there was no interference-in-fact between the claims in interference between the Regents of the...more

Court Declines to Issue Seizure Order under Defend Trade Secrets Act

As we previously reported, the federal Defend Trade Secrets Act (DTSA) enacted last May includes a powerful ex parte seizure proceeding that allows courts in “extraordinary circumstances” to order the seizure of property...more

Personal Web Technologies, LLC v. Apple, Inc. (Fed. Cir. 2017)

Apple filed a successful petition for Inter Partes Review (IPR) of Personal Web Technologies' U.S. Patent No. 7,802,310. In its final written decision, the Patent Trial and Appeal Board (PTAB) agreed with Apple's contention...more

Software Is Still Patent Eligible

In recent years, software patents have come under fire from legislation (the American Invents Act) that has generally made patents easier to invalidate, and from court decisions (the Supreme Court’s decision in Alice v. CLS...more

What Is “Product Liability”?

We’re serious – we’re not planning to give a flip answer like “an extortion racket.” No, it’s more like law school, where a first-year contracts professor began with the question “What is Chicken?” (Hint – that’s discussed...more

Beijing IP Court grants record patent damages & reimbursement of lawyers’ fees

The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November...more

Fourth Circuit Weighs In on Article III Standing in Data Breach Suits

Earlier this month, the Fourth Circuit weighted in with the most recent decision in the developing case law on Article III standing in data breach litigation, a topic that we have been covering extensively on this...more

February 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s final approval of antitrust immunity for Delta Air Lines and Aeromexico, DOT’s proceeding to reallocate some of Delta/Aeromexico’s Mexico City and...more

Summary of Sandoz’s Opening Brief in Sandoz v. Amgen

Sandoz filed its opening brief to the Supreme Court on Friday, February 10, 2017. The dispute focuses on the notice marketing provision and the information exchange or “patent dance” procedures of the Biologics Price...more

UK: Drop in the ocean – Employee's invention not profitable enough for compensation

The UK Court of Appeal confirmed on 18 January that an employee was not entitled to any compensation from his employer for the income generated by his patented inventions, as the returns did not amount to an “outstanding...more

To concede or not concede (infringement): that is the question! An instance of a third party licence being requested during...

Under Australian law, if a patent application ceases and the patent is subsequently reinstated by the owner by use of our extension of time provisions, a third party may obtain a licence to the patent on the basis of steps...more

Shire Development LLC v. Watson Pharmaceuticals Inc. (Fed. Cir. 2017)

The Federal Circuit, in its third opinion involving ANDA litigation between these parties over Shire's LIALDA® (mesalamine) product, has apparently brought this case to a close in generic drug maker Watson's favor, in a...more

Certiorari Denied For $6.2 Million Consent Order Violation Based On a Patent Later Held Invalid

On November 28, 2016, the U.S. Supreme Court denied a writ of certiorari seeking appeal of the Federal Circuit’s decision to uphold the ITC’s imposition of a $6.2 million penalty against DBN, Inc. and BDN LLC (collectively,...more

Second Circuit Declares That, to Survive Motions to Dismiss, Antitrust Allegations Require Factual Support for All “Necessary...

Last Wednesday, the Second Circuit Court of Appeals partially vacated the judgment of the district court in In re Actos End-Payor Antitrust Litigation. In doing so, the Second Circuit allowed only plaintiffs’ claims that...more

Briefing Complete in Appeal in Amgen v. Apotex

The parties in Amgen v. Apotex have completed briefing in Amgen’s appeal to the Federal Circuit from the district court’s judgment of noninfringment. As we have previously reported, in September 2016 the District Court for...more

Bio-Rad Stung by Nearly $8 Million Verdict in Whistleblower Lawsuit Brought by Former General Counsel

A jury recently found Bio-Rad Laboratories liable under the Sarbanes-Oxley Act and the Dodd-Frank Act for nearly $8 million in damages after the company’s alleged retaliatory firing of its former general counsel, Sanford...more

The Anthem Breach – A Retrospective (Part II)

We published Part I of our “Anthem Breach Retrospective” in January 2017. Coincidentally, at around the same time several plaintiffs in one of the earliest filed cases arising out of the Anthem data breach voluntarily asked...more

Cross-Examination Is Not Authorized as Routine Discovery Where the Relied-Upon Testimony Is from an Underlying Litigation

On January 30, 2017, the Patent Trial and Appeal Board (PTAB or “the Board”) granted in part the petitioner’s motion to strike various declarations of a named inventor because the patent owner failed to make him available for...more

District Court Excludes Damage Expert for Failure to Apportion But Gives Expert One More Opportunity to Supplement Report

In this patent infringement action, Plaid sought to exclude the entirety of the plaintiff's damage expert's, Robinson's, reasonable royalty analysis as based on an apportionment "plucked out of thin air." Yodlee opposed the...more

No Love For Proposed Consumer Class Settlements

Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily...more

Supreme Court Nominee Neil Gorsuch on Data Privacy

Last month, the President announced his nomination of Judge Neil M. Gorsuch—a federal appeals court judge—to the Supreme Court. Gorsuch must still go through Senate confirmation hearings before officially becoming the ninth...more

Sandoz Files Opening Brief to Supreme Court in Sandoz v. Amgen

Sandoz filed its opening brief on Friday. Amicus briefs are due on February 17, and the full briefing schedule is available in our prior post....more

WIPO - France: Domain name used for cyber fraud

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel ordered the transfer of a domain name because, although it had never been...more

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