Patents

News & Analysis as of

EU Litigation Update - June 2015

Recognition and Enforcement of Arbitral Awards in Russia: Recent Developments. Recent decisions concerning the enforcement of international arbitration awards in Russian courts have yielded mixed results. Russian courts have...more

Only Basic Functions of a Processor Avoid Need for Disclosed Algorithm - EON Corp. IP Holdings LLC v. AT&T Mobility LLC

Addressing the question of what corresponding structure must be disclosed to support a means-plus-function claim element, the U.S. Court of Appeals for the Federal Circuit upheld a district court finding that eight...more

Amarin Pharma v. FDA – More Briefs Filed Regarding Off-Label Promotion And The First Amendment

Our prior posts looked at the Amarin Pharma, Inc. v. United States Food and Drug Administration lawsuit, which raises issues regarding the First Amendment and how it applies to speech by drug and device manufacturers...more

No Induced Infringement Where Off-Label Use of a Drug Is Not “Inevitable” - Takeda Pharms. U.S.A., Inc. v. West-Ward Pharm. Corp.

Finding that a drug label’s language did not rise to the level of “active encouragement” that would induce doctors to infringe, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s denial of a...more

Examination Delay Earns Patent Term Adjustment Only In One Application

In Mohsenzadeh v. Lee, the Federal Circuit affirmed the district court’s decision that the USPTO’s delay in issuing a Restriction Requirement in a parent application does not earn Patent Term Adjustment (PTA) for the ensuing...more

Board Has Change of Heart On Rehearing

A request for rehearing is generally considered the IPR equivalent of an end-of-the-game Hail Mary pass, but just like in football, sometimes it works, as illustrated by the Board’s reversal of its prior decision denying...more

Knowledge Is Key to These Pleadings

Order Regarding Motions to Dismiss, CAP Co., Ltd. v. McAfee, Inc., Case No. 14-cv-05068, CAP Co., Ltd. v. Symantec Corp., 14-cv-05071 (Judge James Donato) - Further highlighting the inconsistent treatment of Seagate...more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - June 2015

In This Issue: - Leaders in the News - Innovator Profile - Event Highlights - Washington Update - Energy Navigator - Upcoming Events - Excerpt from Leaders in the...more

News from Abroad: Ariosa Diagnostics V Sequenom and Isis Innovation -- A European View

The June 12, 2015 decision of the Federal Circuit in the above case has been discussed by Kevin Noonan in his posting of 22 June, but it is believed that the factual and legal background could benefit from further discussion....more

Activities For sNDA and Citizen’s Petition Protected by “Safe Harbor” - Classen Immunotherapies, Inc. v. Elan Pharmaceuticals,...

In a case addressing the “safe harbor” provision of 35 U.S.C. § 271(e)(1), the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s ruling that information submitted to the U.S. Food and Drug...more

Court Denies "Emergency" Motion to Lift Temporary Stay Noting That Plaintiff "Is Palpably Irritated," But "That's Not Going to Cut...

In this patent infringement action, Meyer Products LLC ("Meyer Products" or "defendant") filed a motion to stay the case pending an inter partes review. After the motion was filed, the court set a briefing schedule. As part...more

No “Apportionment” Requirement for Design Patent Damages - Apple, Inc. v. Samsung Elecs. Am., Inc.

Addressing the issue of damages for trade dress and design patents, the U.S. Court of Appeals for the Federal Circuit upheld the bulk of Apple’s roughly $930 million damages award, noting that there is no apportionment...more

Beware the Quagmire of Personal Jurisdiction

A plaintiff in the District of New Hampshire recently found itself stuck in an unenviable and inescapable jurisdictional hole. Plaintiff Presby Patent Trust sued Infiltrator Systems, a Connecticut-based manufacturer and...more

Supreme Court: No Patent Royalties May Accrue After Patent Expiration

With Kimble v. Marvel Entertainment, LLC, the U.S. Supreme Court upheld the controversial Brulotte v.Thys Co. decision, which prohibited collection of patent-based royalties that accrue after patent expiration. The Court...more

A Single Entity Must Perform All Steps of a Method Claim in Order to Commit Direct Infringement - Akamai Techs., Inc. v. Limelight...

Following a remand from the Supreme Court, the U.S. Court of Appeals for the Federal Circuit affirmed its prior panel decision, holding that direct infringement liability of a method claim under 271 U.S.C. § 271(a) only...more

Federal Circuit Invalidates Another Diagnostic Patent

In Ariosa Diagnostics, Inc. v. Sequenom, Inc., Slip Op. 2014-1139, 2014-114 (Fed. Cir. June 12, 2015), the U.S. Court of Appeals for the Federal Circuit held that Sequenom’s U.S. Patent No. 6,258,540 (the ‘540 Patent) was...more

Federal Circuit Affirms Dismissal on Grounds of Patent Ineligibility

On June 23, 2015, the Federal Circuit affirmed the finding of the U.S. District Court for the Northern District of California (“District Court”) dismissing the complaints in four related actions for infringement of U.S....more

IPO Releases List of Top 300 Patent Holders for 2014 - Life Sciences Top 55

Last week, the Intellectual Property Owners Association (IPO) announced the release of its 32nd annual list of the top 300 organizations receiving U.S. patents (see "Top 300 Organizations Granted U.S. Patents in 2014"). ...more

Markman Decision Issues In Dispute Relating To A Method For Representation Of Space-Related Data Of An Object

ART+COM Innovationpool GmbH v. Google Inc., C.A. No. 14-217 – RGA, June 26, 2015. Andrews, J. The court considers 14 terms from the patent-in-suit. Oral argument took place on May 12, 2015....more

Board Disqualifies Reference As Not Meeting Requirements of 102(e)

We are reminded once again, by the Board’s decision denying review in Cisco Systems, Inc. v. Constellation Techs., LLC, IPR2014-00914, that 102(b) art is better than 102(e) art. In Cisco, Petitioner relied on a reference...more

Intellectual Property Alert: Federal Circuit Holds Claims Indefinite Based on Prosecution History in Teva Pharmaceuticals USA v....

On June 18, 2015, the United States Court of Appeals for the Federal Circuit released its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. The case was on remand from the Supreme Court, which vacated the Federal...more

The Federal Circuit Alters the Means-Plus-Function Analysis

The Federal Circuit’s recent en banc opinion in Williamson v. Citrix Online, LLC, 2015 U.S. App. LEXIS 10082, *2 (Fed. Cir. June 16, 2015) (Williamson II) may result in courts finding that more claims include...more

ITC Section 337 Update - June 2015 #2

Second 100-Day ID Finds Complainant Has Standing In 949 Investigation – As mentioned in prior coverage, on March 12, 2015, the Commission issued a Notice of Investigation in Certain Audio Processing Hardware and Software,...more

#AliceStorm In June: A Deeper Dive into Court Trends, and New Data On Alice inside the USPTO

The most important thing that happened in June was not the invalidation of yet another pile of patents, but the rather more consequential decision of the Supreme Court to recognize the right of same-sex couples to marry. ...more

Practical Claim and Specification Drafting, Following Williamson v. Citrix

Patent claims that use so-called “nonce words” in lieu of means plus function language can be correctly construed as applying the equivalent of means plus function language under 35 USC §112, sixth paragraph, and can be...more

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