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Second Circuit Affirms Preliminary Injunction of "Identical" Gray Goods

Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips made by...more

HALLOWEEN TREAT: Judge’s October 31 Order Adds $21 Million to Jury’s $70 Million Award for Trade Secret Theft

On October 31st of this year, a district judge in Massachusetts granted a motion for enhanced damages in a theft of trade secrets case, adding an additional $21 million to a $70 million jury award. The theft of trade...more

Basics of the BPCIA

The FDA broadly defines biologics as medical products derived from living sources (human, animal, plant, or microorganism) intended to treat or prevent diseases. Biologics thus include such varied vehicles of medical...more

Intellectual Property Newsletter - November 2016

Patent Venue at the Supreme Court - If TC Heartland has its way, patent venue law is about to fundamentally change. Factual Background - Kraft sued TC Heartland, a limited liability company organized...more

Competition law scrutiny of patent settlements - a new focus in Australia?

Settlement agreements in patent disputes between pharmaceutical companies may soon face greater competition law scrutiny in Australia. The Productivity Commission has put ‘pay for delay’ patent settlements between originator...more

Judge Gilstrap Awards Enhanced Damages in LG/Core Wireless Dispute

On November 1, 2016, The Honorable Rodney Gilstrap of the United States District Court for the Eastern District of Texas added $456,000 in enhanced damages after a jury found that LG willfully infringed two patents owned by...more

Copyright and Trademark Case Review: Who’s on First?, Virtual Lockers and Lanham Act Fee-Shifting

Copyright Opinions - Second Circuit Permits Distribution of Cloud-Based Samples, But Declines to Consider “Novel” Cloud Storage Infringement Issue: Smith v. Barnesandnoble.com, LLC, No. 15-3508 (2d Cir. October 6,...more

Growing Small Satellite Market Spawning Litigation

Virgin Galactic expanded and continued its attack on its former VP of Propulsion, Thomas Markusic, and his new company, Firefly Space Systems, this month. Markusic co-founded Firefly around the time he left Virgin Galactic,...more

3rd Circuit Weighs In On Product-Hopping

On Sept. 28, 2016, in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co. (Doryx), the Third Circuit affirmed the lower court’s grant of summary judgment rejecting antitrust claims brought against Warner Chilcott...more

Federal Circuit Review | October 2016

Withdrawal of Claims During Prosecution Can Trigger Prosecution History Estoppel In UCB, Inc. v. Yeda Research and Development Co., Ltd., Appeal No. 2015-1957, the Federal Circuit held that prosecution estoppel can apply even...more

Federal Circuit Patent Updates - October 2016

Medtronic, Inc. v. Robert Bosch Healthcare (No. 2015-1977, -1986, -1987, 10/20/16) (Lourie, Dyk, Hughes) - Dyk, J. Denying petition for rehearing and confirming the Court's earlier order. “The Board's vacatur of its...more

Drug Administration Route Found Obvious

The Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision affirming an examiner’s rejection of claims directed to oral inhalation of the drug zanamivir to treat influenza. The examiner rejected the...more

Halo: Cause for Counsel

With the Supreme Court’s decision in Halo Electronics overruling the 2007 Seagate case, non-practicing entities (“NPEs”) may resume an old, familiar practice to enable them to make a case for willful infringement. See Halo...more

Fearing Trolls, Some “Friends of the Court” Turn to Laches for Solace While Others Urge Reversal in SCA Hygiene v. First Quality...

On November 1st, the Supreme Court will hear oral arguments to decide whether “Raging Bull” applies in patent litigation. At issue is whether and to what extent a laches defense may bar a claim for damages in patent...more

District Court Concludes that Plaintiff Is Collaterally Estopped from Asserting Two Related Patents After Court in Another...

In this patent infringement action, the Defendant moved for dismissal based on collateral estoppel and Alice contending that a prior district court had found the patents invalid for lack of patentable subject matter. Before...more

Federal Circuit Finds Another Software Patent Ineligible

In Affinity Labs of Texas, LLC v. Amazon.com, Inc., Chief Judge Prost affirmed a district court’s finding that Affinity Labs’ patent was invalid for being directed to ineligible subject matter because it was directed to an...more

Court Denies Preliminary Injunction in Light of Pending IPR of Similar Patent Claims

A district court judge denied a plaintiff’s motion to preliminarily enjoin a defendant from selling saliva collection kits for DNA testing....more

The District Court May Consider Objective Reasonableness of the Infringement Defenses as Part of the Evaluation of the Totality of...

On remand from the Supreme Court, the Federal Circuit vacated the judgment of the district court that defendant ION Geophysical Corporation (ION) does not willfully infringe the asserted patents of plaintiff WesternGeco...more

Federal Circuit Patent Updates - September 2016

Husky Injection Molding System v. Athena Automation Ltd. (No. 2015-1726, 9/23/16) (Lourie, Plager, Stoll) - Lourie, J. Dismissing an appeal from a PTAB decision in an IPR for lack of jurisdiction. “[W]e conclude that we...more

Third Circuit Upholds Dismissal of Doryx ‘Product Hopping’ Suit

On September 28, 2016, the Third Circuit issued an opinion in Mylan v. Warner Chilcott, upholding the Eastern District of Pennsylvania’s holding on summary judgement that Defendants’ “product hopping” conduct did not violate...more

Federal Circuit Review | September 2016

Claims Directed to Monitoring and Analyzing Data Held to Be Invalid under § 101 - In Electric Power Group, LLC v. Alstom S.A., Appeal No. 2015-1778, the Federal Circuit upheld the district court’s grant of summary...more

Federal Circuit Finds Adequate Written Description Support Under the Doctrine of Inherent Disclosure

On September 20, 2016, the Federal Circuit issued an opinion affirming a judgment by the District Court for the District of Columbia finding the claims of Abbott GMBH & Co. KG’s (“Abbott”) U.S. Patent No. 5,344,915 (the “’915...more

The Halo Effect: Original Halo Case Remanded to District Court to Consider New Test for Enhanced Damages

Earlier in 2016, the Supreme Court of the United States issued its landmark decision in Halo Electronics v. Pulse Electronics and Stryker v. Zimmer, modifying the US Court of Appeals for the Federal Circuit’s previous...more

Janssen v. Celltrion (Infliximab): District Court Enters Partial Final Judgment in Favor of Celltrion

As we previously reported, after the district court found that all the asserted claims of the ’471 patent were invalid for obviousness-type double patenting, Celltrion moved for entry of final judgment on that patent under...more

Humira Biosimilar Approved As Litigation Gets Going

The FDA on Friday approved the first U.S. biosimilar of Humira (adalimumab), AbbVie’s best-selling biologic for treatment of inflammatory conditions. The biosimilar, Amgen’s Amjevita (adalimumab-atto), received approval for...more

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