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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

DJI Drone Manufacturer Hit with Class Action Lawsuit Over Firmware Update

Last week, a class action law suit was filed against leader in the drone industry, DJI Technology, Inc. (DJI), for an allegedly harmful firmware update that occurred in December 2015 that rendered certain commercial drones in...more

Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent...

On February 2, 2017, the Federal Court of Appeal released a significant decision on accounting for profits, a remedy for patent infringement in Canada: Apotex Inc v ADIR, 2017 FCA 23. The appeal concerned two defences raised...more

2016’s Top Patent and Trade Secret Developments for Chemistry and Nanotechnology

While 2016 saw several significant IP developments regarding the USPTO claim construction standard and the standard of review of USPTO decisions, the following three developments may have the greatest impact on how in-house...more

Pro Te: Solutio - Vol. 9 No. 2 - Summer 2016

...With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical...more

Smith & Nephew, Arthrex Settled Suture Anchor Patent Dispute Before Trial

On February 14, 2017, U.S. District Judge Michael Mosman of the United States District Court, District of Oregon granted a Joint Stipulated Motion for Dismissal with Prejudice submitted by Plaintiffs Smith & Nephew, Inc. and...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

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

The Apple May Not Fall Far from the Fashion Industry

In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more

Federal Court of Appeal affirms award of legal costs of $6.5 million in patent infringement case

In February 6, 2017, the Federal Court of Appeal affirmed a decision (Docket A-43-16) of t­­he Federal Court concerning a costs award from the liability phase of a patent infringement action between the Dow Chemical Company...more

Supreme Court Grants Certiorari in Amgen v. Sandoz

On January 13, 2017, the Supreme Court granted certiorari in Amgen v. Sandoz, 794. F.3d 1347 (Fed. Cir. 2015) and Sandoz v. Amgen, 773 F.3d 1274 (Fed. Cir. 2014), appealed from the Federal Circuit. The petitions involve the...more

Appeals Court Sends Target Settlement Back

Today, the U.S. Court of Appeals for the Eighth Circuit vacated the class action settlement between Target Corp. and consumers whose card data was compromised in the company’s 2013 data breach. ...more

Arming Employers Against Internal Hackers, the 11th Circuit Clarifies CFAA’s “Loss” Requirement

The Eleventh Circuit ruled last week in a wrongful discharge turned Computer Fraud and Abuse Act (“CFAA”) case, spinning the employee’s case against his employer on its head. The facts of Brown Jordan International, Inc. v....more

Lessons From The Largest Patent Damages Award In History

By now, most everyone in the patent community has heard about the $2.54 Billion dollar jury verdict in a battle over Hepatitis C medication that resulted from a jury trial in December 2016. In Delaware federal district...more

Federal Court Issues Permanent Injunction and Permanently Shuts Down Santa Ysabel’s Desert Rose Bingo

On December 12, 2016, Judge Battaglia of the United States District Court for the Southern District of California issued the Court’s long-awaited ruling on the State of California and Federal Government’s motions for summary...more

Supreme Court Will Judge Biosimilar Patent Dance

The U.S. Supreme Court has agreed to review some of the patent dispute resolution provisions of the Biologics Price Competition and Innovation Act (BPCIA). The Court granted certiorari in the dispute between Amgen and Sandoz,...more

Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld

The Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the validity of AstraZeneca’s Patent No. 1,292,693. The patent covered AstraZeneca’s successful product, LOSEC, for...more

Supreme Court to Consider Biologics Price Competition and Innovation Act

On Friday, Jan. 13, the Supreme Court granted the appellant’s petition and the respondent’s cross-petition for a writ of certiorari in Sandoz Inc. v. Amgen Inc. This is the first time the Court will construe the Biologics...more

Supreme Court Grants Cert in Amgen v. Sandoz

On January 13, 2017, the Supreme Court granted Sandoz’s petition for certiorari and Amgen’s cross-petition in Amgen v. Sandoz, case nos. 15-1039 and 15-1195. The two cases were consolidated, and an hour was allotted for oral...more

Lessons Emerging from Pinnacle Hip Bellwether Trials

In a staggering verdict, a Texas jury recently awarded over $1 billion against Johnson & Johnson (“J&J”) and its subsidiary DePuy Orthopaedics Inc. (“DePuy”) (collectively referred to as “Defendants”) to six California...more

Breaking News: Court Grants Permanent Injunction Against Sale of Praluent® in AMGEN V. SANOFI/REGENERON

For the past few years, Amgen has been asserting patents in a litigation against Sanofi and Regeneron Pharmaceuticals in the District of Delaware to prevent them from selling Praluent® (alirocumab), a biologic that competes...more

First Circuit Rejects Fraud-on-the-FDA Theory of FCA Liability

Affirming an earlier order handed down by the United States District Court for the District of Massachusetts, the First Circuit recently denied Plaintiff D’Agostino leave to amend his complaint, finding the proposed claims...more

2016 Patent Litigation Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Patent Litigation Year in Review. WSGR’s patent litigation practice is nationwide in scope and has received national recognition in recent years, with our...more

IP Law December Developments: What to Expect in the Future

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

Court Grants Motion to Dismiss for Lack of Case or Controversy Even Though Patent Holder Did Not Provide Covenant Not to Sue

Tech Pharmacy filed a patent infringement action against Defendant Alixa Rx LLC and Defendant Golden Gate National Senior Care LLC d/b/a Golden LivingCenters (collectively, "Defendants"). Tech Pharmacy subsequently filed its...more

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