Jurisdiction Patents

News & Analysis as of

Suprema, Inc. v. ITC: En Banc Federal Circuit Confirms ITC’s Jurisdiction to Exclude Articles Based on Induced Infringement

On August 10, 2015, the full US Court of Appeals for the Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC, which overturned an earlier panel decision and confirmed, by a 6–4 vote, that the International...more

Federal Circuit Strengthens ITC's Authority to Police Importation

On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate...more

Intellectual Property Alert: The Import of Electronic Data: Federal Circuit Appears Unlikely to Affirm Commission’s Jurisdiction...

The United States International Trade Commission (ITC or Commission) possesses unique powers under 19 U.S.C. § 1337 (Section 337). Upon finding that a party engaged in “unfair acts,” e.g., patent or trademark infringement,...more

Divided Federal Circuit Applies Chevron Deference and Holds That Inducement May Form the Basis for a Violation of Section 337 in...

On August 10, 2015, an en banc Federal Circuit issued its much-awaited decision in Suprema, Inc. v. Int’l Trade Comm’n (No. 2012-1170), a case that had the potential to curtail the scope of conduct that may be addressed by...more

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

Patent Infringement and Appellate Jurisdiction

In general, any appeal from a civil action involving claims of patent infringement must be made to the Federal Circuit in Washington, D.C. A recent case from the Ninth Circuit, Amity Rubberized Pen Company v. Market Quest...more

Federal Circuit Allows Judicial Review of PTAB's Determination That Patent Qualifies as "Covered Business Method"

On July 9, 2015, a divided Federal Circuit held in Versata Development Group, Inc. v. SAP America, Inc., No. 14-1194, that it can review Patent Trial and Appeal Board (PTAB) determinations that a patent is a "covered business...more

Federal Circuit Review | June 2015

Accused Infringer’s Good-Faith Belief In Invalidity No Defense To Induced Infringement - In Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, the Supreme Court held a good-faith belief a patent is invalid is not a...more

Business Litigation Report - May 2015

In This Issue: - Main Article: ..Patent Infringement in the Digital Age: How a Dispute About Tooth Aligners Led to a Fight About the ITC’s Jurisdiction over Electronic Transmissions - Noted With...more

Supreme Court Update: Wellness International Network, Ltd. V. Shariff (13-935); Commil USA, LLC V. Cisco Systems, Inc. (13-896)...

This past week the Court released important decisions in the areas of bankruptcy law (Wellness International Network, Ltd v. Shariff (13-935), patent law (Commil USA, LLC v. Cisco Systems, Inc. (13-896), and the False Claims...more

Analysis of Inter Partes Review and Post-Grant Review in the Life Sciences Industry Through First Quarter 2015

The recently established inter partes review (IPR) and post-grant review (PGR) of the America Invents Act have been in the spotlight lately, especially now that the life sciences industry has begun to utilize these...more

An Easy First Impression: Joint Dismissal of Appellate Review - Versata Software, Inc. v. Callidus Software, Inc.

Addressing for the first time the propriety of vacating an appellate opinion when the underlying appeal is rendered moot before issuance of that opinion, the U.S. Court of Appeals for the Federal Circuit determined that it...more

No Interlocutory Review of Pre-Institution Stay Motion’s in CBM Proceedings - Intellectual Ventures II LLC v. JPMorgan Chase &...

Upon consideration of an issue of first impression, the U.S. Court of Appeals for the Federal Circuit addressed its limited jurisdiction to hear an interlocutory appeal on a motion to stay a district court proceeding under §...more

Novartis Pharms. Corp. v. Mylan Inc.

Case Name: Novartis Pharms. Corp. v. Mylan Inc., Civ. No. 14-777-RGA, 2015 U.S. Dist. LEXIS 31812 (D. Del. March 16, 2015) (Andrews, J.). Drug Product and Patent(s)-in-Suit: Exelon Patch (rivastigmine); U.S. Patents...more

IP Newsletter - April 2015

In This Issue: - Federal Circuit Affirms PTO in First Appeal of an Inter Partes Review Decision - EU Copyright: No Resale of Digital Content Except for Software? - Qualcomm Agrees to $975 Million Fine and...more

Timing Is Everything When It Comes To Interlocutory Appeals of CBMR-Related Motions To Stay

The issue of when interlocutory appellate jurisdiction vests with the Federal Circuit under Section 18 of the AIA to review a district court’s decision on a motion to stay in view of a related CBMR was recently addressed in...more

Apotex Inc. v. Daiichi Sankyo, Inc. (Fed. Cir. 2015)

Can a Federal district court ever have subject-matter jurisdiction to hear a declaratory judgment action of non-infringement for a disclaimed patent? Of course, the Federal Circuit explained this week in the Apotex Inc. v....more

Threshold Issues: IPR Not Derailed by Unidentified D/B/A Name or Prior ANDA Certification - Metrics, Inc. v. Senju Pharmaceutical...

Addressing threshold jurisdictional issues of a petition for inter partes review (IPR), the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB or Board) determined that a d/b/a name does not create...more

Federal Circuit Review | March 2015

Patent Office’s Decision To Institute IPR Not Reviewable - In IN RE CUOZZO SPEED TECHNOLOGIES, LLC, the Federal Circuit held it lacks jurisdiction to review the Patent Office’s decision to institute inter partes review....more

No Declaratory Jurisdiction Without Biosimilarity Application on File with FDA - Sandoz Inc. v. Amgen Inc.

Avoiding an interpretation of the Biologics Price Competition and Innovation Act (BPCIA), the U.S. Court of Appeals for the Federal Circuit invoked traditional case or controversy principles to affirm the dismissal of a...more

Court of Appeals for the Federal Circuit Sides With PTAB in Inter Partes Review Appeal

In a decision imparting more certainty to the Post Grant Review process, the Court of Appeals for the Federal Circuit (the “CAFC”) held that it lacks jurisdiction to review the Patent and Trademark Office’s (the “PTO’s”)...more

Federal Circuit Affirms Use of Broadest Reasonable Interpretation of Claims in IPR Proceedings

In affirming the decision of the USPTO’s Patent Trial and Appeal Board (PTAB) in In re Cuozzo Speed Technologies, LLC, the Federal Circuit upheld the PTAB’s use of the “broadest reasonable interpretation” of the claims in...more

Registering To Business In Delaware Constitutes Consent To Jurisdiction Notwithstanding Daimler

This is an ANDA case relating to generic dalfampridine extended-release tablets. The court finds, following that the Daimler decision, that neither the parent nor subsidiary defendant are “at home” in Delaware for purposes of...more

Federal Circuit Affirms Dismissal of Sandoz’s BPCIA-Related Declaratory Judgment Action Regarding Enbrel® Patents, but Declines to...

The biologics industry has been eagerly awaiting the Federal Circuit’s ruling on Sandoz Inc.’s (“Sandoz”) appeal from the United States District Court for the Northern District of California’s dismissal of its declaratory...more

IP Newsflash - September 2014 #4

Federal Circuit Has Jurisdiction to Decide Non-Patent Causes of Action That Involves a Substantial, Non-Hypothetical Disputed Patent Law Issue - On September 16, 2014, a Federal Circuit panel consisting of Circuit...more

59 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×