News & Analysis as of

CG Technology v. DraftKings: District Court Stays Discovery Pending Motion to Dismiss Challenging Validity of Asserted Patents...

DraftKings filed a motion to stay discovery until the district court had an opportunity to rule on the a motion to dismiss. The motion to dismiss asserted that all of the ten patents-in-suit were invalid because they claimed...more

U.S.-India Newsletter - Vol. 2016, Issue 3

Summer 2016 was a season of change. In Europe, we saw the "Brexit," with the United Kingdom voting to withdraw from the European Union. The June referendum sent shockwaves through the business and finance communities and...more

Accused Infringer Secures Patent Invalidity in Eyeglass Screw Case

Declaratory judgment actions can be a useful way for entities threatened with patent infringement to go on the offensive.  In one such matter in the District of Massachusetts, a declaratory judgment plaintiff turned the...more

District Court Stays Litigation Pending Inter Partes Review ("IPR") over Defendant's Objection That Summary Judgment Motion Should...

After the Patent Trial and Appellate Board ("PTAB") instituted inter partes review ("IPR") of all asserted claims in three of the Patents-in-Suit and with the PTAB's decision on FMC's petition for IPR of the fourth challenged...more

Court Allow Hague Deposition Albeit After Close Of Fact Discovery

Defendants seek the assistance of the Italian authorities in compelling the testimony of the named inventor of the patent-in-suit. Defendants deposed the other inventors and then moved to supplement their motion with evidence...more

New Trial Is Granted With Respect To Anticipation

Andrews, J. Defendant’s renewed JMOL and new trial motion is denied in part with respect to JMOL and granted in part and denied in part with respect to a new trial. Plaintiff’s motion for a permanent injunction is denied as...more

Dismissal Due To Unpatentable Subject Matter Is Denied Without Prejudice

Sleet, J. Defendant’s motion to dismiss for patent ineligible subject matter under section 101 is denied without prejudice. Defendant asserts that a representative claim discloses a method of providing a radio...more

Prior Art Take 2: Finjan and Sophos Gear up for a Second Battle on Whether Prior Art Was Publicly Available

Order Denying Finjan, Inc.’s Motion for Summary Judgment, Finjan, Inc. v. Sophos, Inc., Case No. 14-cv-1197 (Judge William Orrick) In a battle that likely felt like déjà vu for the parties, Finjan for the second time...more

One Of The Patents-In-Suit Is Dismissed As Patent Ineligible

Defendant seeks to dismiss one of the seven patents-in-suit. The disputed technology relates to managing electronic community interest or community information preference. Defendant argues under Alice that the asserted claims...more

The Alice v. CLS Bank Scorecard, Two Years Later

It has now been a two years since the Supreme Court rendered its now infamous Alice v. CLS Bank decision.  It is safe to say that the Alice decision has had a profound impact on software patent enforcement, both at the...more

Daubert motion is granted in

Defendant moved to exclude the testimony of plaintiff’s damages expert Charles Perry. The expert relied on a license relating to the patent-in-suit which had been made in the context of settling a litigation dispute. He...more

Asserted Claims Are Not Anticipated But Are Obvious

The disputed technology relates to ethinyl estradiol and etonogestral vaginal ring used for contraception. The bench trial took place from January 19 through 22, 2016. The asserted claims are not invalid due to anticipation....more

Janssen v. Celltrion: District Court Invalidates Janssen’s Remicade® Patent on Summary Judgment

As we previously reported, the district court in Janssen v. Celltrion (in which U.S. Patent Nos. 6,284,471 and 7,598,083 are at issue) began hearing oral argument on August 16 on Celltrion’s motion for summary judgment that...more

Federal Circuit Once Again Finds That a Functional Claim Term is Indefinite Even Without the Use of “Means.”

On July 28, 2016, the Federal Circuit issued its opinion in Advanced Ground Information Systems v. Life360, Inc., affirming the district court’s decision that the asserted patent claims are indefinite. This opinion is notable...more

Helsinn Healthcare S.A. v. Hospira, Inc.

Case Name: Helsinn Healthcare S.A. v. Hospira, Inc., Civil No. 15-2077 (MLC), 2016 U.S. Dist. LEXIS 45826 (D.N.J. Apr. 5, 2016) (Cooper, J.) - Drug Product and Patents-in-Suit: Aloxi® (palonosetron); U.S. Patents Nos....more

Otsuka Phama. Co., Ltd. v. Zydus Pharms. USA, Inc., et al.

Case Name: Otsuka Phama. Co., Ltd. v. Zydus Pharms. USA, Inc., et al., Civil Action Nos. 14-3168 (JBS/KMW), 2016 U.S. Dist. LEXIS 48689 (D.N.J. Apr. 12, 2016) (Simandle, C.J.) - Drug Product and Patent(s)-in-Suit:...more

Allergan, Inc. v. Teva Pharmaceuticals USA, Inc.

Case Name: Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., Civ. No. 15-cv-1455 (WCB), 2016 U.S. Dist. LEXIS 51851 (E.D. Tex. Apr. 19, 2016) (Bryson, J.) - Drug Product and Patent(s)-in-Suit: Restasis® (cyclosporine...more

Pfizer Inc. v. Sandoz Inc

Case Name: Pfizer Inc. v. Sandoz Inc., C.A. No. 13-1110-GMS, 2016 U.S. Dist. LEXIS 52762 (D. Del. Apr. 20, 2016) (Sleet, J.) - Drug Product and Patent(s)-in-Suit: Toviaz® (fesoterodine fumarate); U.S. Patents Nos....more

Bayer Pharma AG v. Watson Labs., Inc

Case Name: Bayer Pharma AG v. Watson Labs., Inc., Civ. No. 12-cv-517 (GMS), 2016 U.S. Dist. LEXIS 55752 (D. Del. Apr. 27, 2016) (Sleet, J.) - Drug Product and Patent(s)-in-Suit: Staxyn® (vardenafil hydrochloride...more

Endo Pharm. Inc. v. Amneal Pharms. LLC

Case Name: Endo Pharm. Inc. v. Amneal Pharms. LLC, Civil Nos. 12 Civ. 8115 (TPG),12 Civ. 8060 (TPG),12 Civ. 8317 (TPG),12 Civ. 8985 (TPG),13 Civ. 435 (TPG),13 Civ. 436 (TPG),13 Civ. 3288 (TPG),13 Civ. 4343 (TPG),13 Civ. 8597...more

Judge Cote Finds Initiating Lawsuits to Obtain Settlements Rather Than a Determination on the Merits is Not an Abuse of Process

On July 28, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants AlphaCap Ventures, LLC’s, a non-practicing entity, and Richard Juarez’s (collectively, “AlphaCap”) motion to dismiss plaintiff Gust, Inc.’s (“Gust”)...more

Bayer Pharma AG v. Watson Labs., Inc.

Case Name: Bayer Pharma AG v. Watson Labs., Inc., Civ. No. 12-cv-517 (GMS), 2016 U.S. Dist. LEXIS 57888 (D. Del. May 2, 2016) (Sleet, J.) - Drug Product and U.S. Patent(s)-in-Suit: Staxyn® and Levitra® (vardenafil...more

Patent Drafters: Leaving Coining to the Mint

In Advanced Ground Information Systems, Inc. v. Life360, Inc., [2015-1732] (July 28, 2016) the Federal Circuit affirmed summary judgment of invalidity of U.S. Patent Nos. 7,031,728 and 7,672,681 for indefiniteness....more

E-Message Patents Survive Alice Challenge

Common computer technology has fallen victim to Alice in many recent cases. It is therefore noteworthy that the District of Massachusetts declined to invalidate e-mail management patents under §101 in Sophos v....more

Takeda Pharms. U.S.A., Inc. v. West-ward Pharm. Corp.

Case Name: Takeda Pharms. U.S.A., Inc. v. West-ward Pharm. Corp., Civ. No. 14-1268-SLR, 2016 U.S. Dist. LEXIS 65317 (D. Del. May 18, 2016) (Robinson, J.) - Drug Product and Patent(s)-in-Suit: Colcrys® (colchicine); U.S....more

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