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Dismissals Patent-in-Suit

McDermott Will & Emery

Pay for Delay Is Sometimes Okay

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit against pharmaceutical companies accused of violating antitrust laws by using reverse payments to delay entry of a generic version of a...more

Knobbe Martens

Federal Circuit Review | June 2016

Knobbe Martens on

The PTAB Does Not Have to Consider New Arguments Raised in IPR Reply Briefs - In Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd., Appeal No. 2015-1693, the Federal Circuit upheld a PTAB decision finding of...more

Morris James LLP

Willfulness Allegations Are Dismissed

Morris James LLP on

Plaintiff contends that defendant had knowledge of eight of the patents-in-suit from the date of a patent portfolio auction of over 6000 patents more than a year before this suit was filed. It contends defendant knew of some...more

Morris James LLP

Dismissal For Failure To State A Claim For Joint Infringement Is Recommended

Morris James LLP on

The disputed technology relates to products and services for live streaming media, including subscription services for TV Everywhere. Defendants offer apps that gather statistics which are transmitted to and used by third...more

Morris James LLP

Dismissal For Failure To State A Claim For Joint Infringement Is Recommended

Morris James LLP on

Thynge, C.M. J. . Report and recommendation that defendants’ motion to dismiss for failure to state a claim of joint infringement be granted. The disputed technology relates to multicasting method and apparatus and...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Affirms Dismissal Where Co-Owner of Patent Refuses to Join Suit

The Federal Circuit recently denied en banc review of its prior decision dismissing a patent infringement suit where a co-owner of the patent-in-suit refused to join the case voluntarily and the court held that it could not...more

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