Intellectual Property Civil Procedure

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Giving Patent Enforcement the Personal Touch May Create Personal Jurisdiction

Clarifying what type of patent enforcement action might create personal jurisdiction, the US Court of Appeals for the Federal Circuit found that where a patent owner visits a forum to negotiate licensing, that activity...more

Patentee’s Teaching Away Argument Fails to Overcome Substantial Evidence of Unpatentability

An obviousness challenge can be overcome by showing the prior art teaches away from the claimed invention. However, “teaching away” is a question of fact and thus subject to the substantial evidence standard in appeals from...more

Export of Single Component of Patented Combination Does Not Impose Liability Under § 271(f)(1)

In reversing the US Court of Appeals for the Federal Circuit, an essentially unanimous Supreme Court of the United States ruled that the “supply of a single component of a multi-component invention for manufacture abroad does...more

Ontario Superior Court dismisses summary judgment motion in Lansoprazole Section 8 Claim

On February 27, 2017, the Ontario Superior Court of Justice (2017 ONSC 1348) dismissed a motion for summary judgment brought by Abbott Laboratories and Takeda Pharmaceuticals, the defendants in an action for damages brought...more

Twilio, Inc. v. Telesign Corp. (PTAB 2017)

No CBM Review for On-Line Registration Patent Having Financial Applications and Uses - Twilio Inc. filed a Petition requesting covered business method patent review of claims 1–18 of U.S. Patent No. 9,300,792. The Board...more

Litigation Alert: Supreme Court Extends Petrella Rule Barring Laches to Patent Context

Three years ago, in Petrella v. Metro-Goldwyn-Mayer, Inc., the Supreme Court held that the equitable defense of laches is not available against copyright claims for damages brought within the Copyright Act’s three-year...more

Laches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products

In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and...more

ITC Proceedings Do Not Trigger One Year Clock to File IPR

Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the...more

Laches Limited To Being An Equitable Defense In Patent Cases

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court made plain that laches is merely an equitable defense in patent cases, and will not bar a damage claim if brought within the six year...more

Judge Sweet Holds Invalidity and Non-Infringement Defenses Cannot Shield a Licensee’s Breach of a Patent License

On March 17, 2017, District Judge Robert Sweet (S.D.N.Y.) granted plaintiff Icahn School of Medicine at Mount Sinai's ("Mt. Sinai") motion to strike defendant Neurocrine Biosciences ("Neurocrine") affirmative defenses of...more

Troll Gets Rolled Because Its Disclaimer Statements Were Undersold

In MPHJ Tech v. Ricoh Corp., the Federal Circuit affirmed a conclusion of anticipation and obviousness from an Inter Partes Review involving US 8,488,173 (‘173). The content of the art was not really in dispute. Rather, the...more

Supreme Court Rejects Laches Defense in Patent Cases

The U.S. Supreme Court ruled this week that laches is not a defense in the majority of patent cases. Justice Alito, writing for the 7-1 majority, found the application of laches to patent disputes incompatible with the...more

Rx IP Update - March 2017

Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine - As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking...more

TC Heartland LLC v. Kraft Foods Group Brands LLC -- 98 Professors Chime In

As we reported last week, the Supreme Court will hear oral arguments in the TC Heartland LLC v. Kraft Foods Group Brands LLC case on Monday March 27. In that previous report, we covered the background of the case, and...more

DTSA’s First Verdict “Fig”-ure: Jam’n to the Tune of $500,000

In little under a year after its enactment, a Federal Court jury in the Eastern District of Pennsylvania issued the first verdict under the Defend Trade Secrets Act in favor of the Plaintiff Dalmatia Import Group, Inc. The...more

Janssen’s Amicus Brief Sandoz v. Amgen

As we posted here, here, and here, various amicus briefs have been submitted in Sandoz v. Amgen. Last week, Janssen Biotech, Inc. submitted an amicus brief in support of Amgen....more

Be Aggressive, B-E Aggressive – SCOTUS Encourages IP Plaintiffs

Last week, the U.S. Supreme Court decided two much anticipated intellectual property cases. Supreme Court Rejects Laches in Patent Infringement Cases - The first, SCA Hygiene Products Aktiebolag et al. v. First Quality...more

Mind the “Gap”: Laches No Defense to Claims for Patent Damages

Last week the Supreme Court held in a 7-1 decision that the equitable defense of laches is no defense to the legal remedy of patent damages where the infringement occurred during the statutory period of 35 U.S.C. § 286. SCA...more

US Supreme Court Knocks out the Equitable Defense of Laches in Patent Law

The Supreme Court of the United States in SCA Hygiene Prods. Aktiebolag, et al. v. First Quality Baby Prods., LLC, et al., has held that the equitable defense of laches is no longer a valid defense to patent damages claims...more

Supreme Court Rejects Laches as Bar to Damages for Timely Asserted Patent Infringement Claims

The Supreme Court has narrowed the scope of the laches defense in patent infringement actions, aligning its interpretation of laches under the Patent Act with that under the Copyright Act....more

Supreme Court Holds Equitable Laches is No Longer Available to Limit Patent Damages

The Supreme Court, in a 7-1 decision written by Justice Alito, has held that laches cannot be invoked as a defense against any claim for damages in a patent case brought within the 6-year limitation on damages prescribed by...more

Supreme Court Curbs Laches as a Defense in Patent Cases

In SCA Hygiene Products v. First Quality Baby Products, decided on March 21, 2017, the U.S. Supreme Court significantly reduced the role of the laches defense in patent actions: "Laches cannot be interposed as a defense...more

Supreme Court Eliminates the Laches Defense in Patent Cases

The Supreme Court held that laches is no longer a defense against patent infringement. The Patent Act’s six-year statute of limitations already limits the window for damages for infringement, which precludes any further...more

U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...more

Supreme Court Preview -- TC Heartland LLC v. Kraft Foods Group Brands LLC

Next week, on Monday March 27, the Supreme Court will hear oral arguments in the TC Heartland LLC v. Kraft Foods Group Brands LLC case. This case involves the interpretation of the current patent venue statute. And while...more

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