Patents

News & Analysis as of

Examination of Myriad-Mayo Guidance Comments -- BIO Joint Comment

On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more

The Narrow Scope of Supplemental Discovery in an Inter Partes Review

Square, Inc., v. REM Holdings 3, LLC - Addressing issues of limited discovery and the requirements of a motion for supplemental discovery, the Patent Trial and Appeal Board (PTAB) denied supplemental discovery, finding...more

GPhA Issues Statement Regarding Proposed IP Provisions of Trans-Pacific Partnership Agreement

The Generic Pharmaceutical Association (GPhA) issued a statement today regarding ongoing talks between major Pacific Rim countries (including the U.S.) related to the proposed Trans-Pacific Partnership Agreement. This trade...more

Standard for Induced Patent Infringement in Flux

Recent developments in a court case concerning induced patent infringement may have a significant impact on patent owners and patent portfolio valuations, pending review by the Supreme Court. On October 16, 2014, the...more

The PTAB Warns Attorney That Speaking Objections May Warrant Exclusion of Expert's Testimony

In an inter partes review Medtronic Inc. et al. v. Troy R. Norred, M.D., the Petitioner sought guidance from the Board regarding the Patent Owner's objections during the deposition of an expert appearing on behalf of the...more

How Health Care Providers Can Avoid Common Intellectual Property Mistakes

Intellectual property can be some of the most valuable assets any business, including a health care provider (“Provider”) has. Adequately protecting this intellectual property can increase the value of the Provider’s business...more

Prevailing Party Awarded Taxable Costs from Production to Opposing Party (California)

Apple Inc. v. Samsung, 2014 WL 4745933 (N.D. Cal. Sept. 19, 2014). In this intellectual property case, the plaintiff sought to recover around $1.5 million in costs for producing documents to an online hosted...more

Rare Grant (in Part) of an IPR Motion to Exclude

Motions to Exclude Evidence have been one of the features of inter partes review practice that have, to date, had a less significant effect than expected. Very few motions have been granted, largely because the Board...more

Legal FAQ: Section 337 Investigations Before the International Trade Commission

What types of intellectual property claims can be brought before the International Trade Commission? - The U.S. International Trade Commission (“ITC”) investigates claims of unfair competition under Section 337 of the...more

Depomed, Inc. v. Actavis Elizabeth LLC

Nature of the Case and Issue(s) Presented: Depomed sued Actavis for infringing seven patents related to a dosage form capable of being retained in the stomach, allowing for the delayed-release of gabapentin in the small...more

Second Circuit Rules that Foreign Anticompetitive Use of Royalty-Free Patent is Insufficient to Establish a Domestic Effect Giving...

Standards essential patents can run afoul of United States antitrust law when the patent owner acts in a matter which creates anticompetitive risks that outweigh any precompetitive benefit. For example, the Federal Trade...more

Surviving Inter Partes Review: Good Experts Are Key

Inter partes review and covered business method review (collectively IPR) proceedings have now settled in as a new strategic tool for invalidating asserted patents. The early cases that have worked through to a final written...more

Know the Patent Specification Before Filing a Motion to Amend

Veeam Software Corp. v. Symantec Corp. - Addressing issues of claim construction and the requirements for a motion to amend, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (Board) ruled that the...more

IP|Trend: The Importance of Consumer Surveys in Patent Litigation [Video]

Courts have increasingly shown scrutiny towards claims of patent damages in patent litigation. To address these issues patent plaintiffs have often relied on consumer surveys to demonstrate harm caused by patent infringement....more

Considerations for International Inventions – Foreign Filing Licenses

In today’s age of international commerce, product development often takes place on an international scale. Many companies have design centers in multiple countries, with design teams that span the globe. What are the patent...more

E.D. Texas court grants stay of litigation pending an IPR based, in part, on patent owner's failure to timely respond to the stay...

In Norman IP Holdings v. TP-Link Technologies, Co., et al., the Defendants moved to stay the litigation pending completion of an inter partes review involving the patents-in-suit. The plaintiff did not respond to the motion....more

An Overdue Discussion of the PTABs Grant of the First IPR Motion to Amend

It is hard to explain how this post, discussing the first ever granted Motion to Amend in an inter partes review, sat in “draft” mode for over 5 months. This is especially perplexing given the difficulty Patent Owners are...more

Virtual Marking for Patented Articles

The AIA introduced many changes to US patent law, including an amendment to 35 USC 287, which is frequently referred to as the “marking” statute. Marking a patented article provides constructive notice to the public of the...more

Fresenius Kabi USA, LLC v. Dr. Reddy’s Labs., Ltd.

Nature of the Case and Issue(s) Presented: Plaintiff filed suit alleging infringement of claims 1, 16, 36, and 37 of each of the patents-in-suit. The patents-in-suit all claim pharmaceutical compositions containing propofol...more

Post-Grant Insights: The Need for Seamless Coordination of District Court & PTAB Litigation [Video]

The key to a critical strategy is having a vision for how you are going to win the war, even if you lose individual battles. By adding the U.S. Patent Trial and Appeal Board (PTAB) judges to District Court to the jury, a...more

Design Patent Case Digest: Butler v. Balkamp Inc.

Decision Date: September 3, 2014 - Court: Southern District of Indiana - Patents: D500,646 - Holding: Defendants’ motion for summary judgment of non-infringement GRANTED - Opinion: Plaintiff Kenneth...more

Inter Partes Review Initial Filings of Paramount Importance: What Is Clear After Two Years of Inter Partes Review Under the AIA

September 16, 2014, marked the two year anniversary since certain provisions of the Leahy-Smith America Invents Act went into effect, including post-grant Inter Partes Review (IPR) proceedings before the Patent Trial and...more

Federal Circuit Judges Disagree on Use of Post Filing Date Evidence of Nonobviousness

On October 20, 2014, the Federal Circuit issued an order denying the petition for rehearing or rehearing en banc filed in Bristol-Meyers Squibb Co. v. Teva Pharmaceuticals, USA, Inc. While the order itself may not be...more

AntiCancer, Inc. v. Pfizer, Inc. (Fed. Cir. 2014)

Anyone that has been monitoring the outcome of district court cases recently will be aware of the perils of not including sufficient information, or not timely supplementing, preliminary infringement or invalidity contentions...more

PTAB Denies Motion to Amend a Motion to Amend; Reason: Delay

Tandus Flooring, Inc. v. Interface, Inc. - In response to patent owner’s request to file a motion to amend a motion to amend made approximately one month before oral hearing, the U.S. Patent and Trademark Office’s...more

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