Patent-in-Suit

News & Analysis as of

Federal Circuit Review | July 2015

Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing - In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the denial of a...more

District Court Lifts Stay after PTAB Confirms Eight Claims Even Though Defendant Planned to Appeal to the Federal Circuit

The district court had previously granted Defendant Respironics, Inc.'s ("Respironics") unopposed motion to stay the patent infringement action filed by the plaintiff, Zoll, pending an inter partes review ("IPR") of the...more

Claim Construction Opinion Issues

Cornerstone Biopharma Inc., et al. v Exela Pharma Sciences LLC, et al., C.A. No. 13-1275 - GMS, July 9, 2015. Sleet, J. The court construes 4 terms in a case with four patents in suit....more

Teva Pharmaceuticals USA, Inc., et al. v. Forest Laboratories, Inc., C.A. No. 13-2002 - GMS, July 9, 2015

Sleet, J. The court considers 6 terms from on patent-in-suit. The patent-in-suit relates to a method of preparing an analgesic pharmaceutical composition for the administration of an NMDA receptor antagonist....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

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

Emergency Motion to Stay Granted Where PTAB Issued Decision Invalidating All Asserted Claims

Defendants filed an emergency motion to stay the case pending an appeal of the PTAB's decision that invalidated all of the asserted claims in the patent-in-suit. Earlier in this case, Defendants had petitioned for inter...more

Case Dismissed After Claims Upon Which Lawsuit Was Initiated Were Cancelled During Re-Examination

Defendant Extended Disc North America, Inc. ("EDNA") filed a motion for summary judgment of non-infringement and invalidity, and, alternatively, a motion to dismiss against plaintiff Target Training International, Ltd.'s...more

Willfulness Allegations Are Dismissed

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

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

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

Claim Term Is Construed In Lacosamide ANDA Case

Stark, C.J. Claim construction ruling issues on one term from the patent-in-suit. Multimedia technology tutorials had been submitted, and a claim construction hearing took place on December 15, 2014....more

Transfer To California Is Denied

A motion to transfer venue is considered a non-dispositive motion. There are 7 related cases regarding the same patent-in-suit. Plaintiff is a Delaware LLC with its principal place of business in Wilmington. Defendant is a...more

Summary Judgment Regarding Noninfringement Is Denied.

The patent at issue relates to a user interface for the driver of a vehicle. In a related matter, the granted summary judgment that the patent-in-suit was anticipated by prior art. The parties then submitted supplemental...more

Claim Construction Issues In ANDA Case.

Andrews, J. Claim construction opinion regarding x disputed terms from 6 patents. Oral argument took place on May 22, 2015. The disputed product relates to ritanovir. The disputed claims construed are...more

Good Faith Belief of a Patent's Invalidity Not a Defense to Induced Infringement

On May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Sys, Inc. that a defendant’s good-faith belief in the invalidity of the patent-in-suit is not a defense to induced infringement under 35 U.S.C. § 271(b)....more

Disputed Terms Are Construed In Colchicine Dispute

Robinson, J. Claim construction opinion issues regarding three disputed terms from four patents-in-suit. The court construes the following disputed terms...more

Post-Trial Motions Are Denied

The disputed invention relates to measure-through-motion technology. Defendant conceded infringement of two patents-in-suit in light of claim construction before trial. A 10-day trial was held in August, 2014. The jury...more

Stay Pending IPR Is Denied

Robinson, J. Defendants’ motion for partial stay pending inter partes review is denied. Defendant petitioned for IPR for five of the ten patents-in-suit. The PTAB has instituted review of 4 of the 5 patents-in-suit. The...more

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

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

Keeping Up With Kyle Bass

In the few weeks since I first wrote about Kyle Bass and the Coalition for Affordable Drugs he formed to challenge Orange Book-listed patents that he believes “have little value other than to drive up prescription drug...more

Warner Chilcott Co., LLC v. Teva Pharms. USA, Inc.

Case Name: Warner Chilcott Co., LLC v. Teva Pharms. USA, Inc., Civ. No. 11-6936 (FSH), 2015 U.S. Dist. LEXIS 26207 (D.N.J. Mar. 4, 2015) (Hochberg, J.). Drug Product and Patent(s)-in-Suit: Atelvia® (risedronate /...more

Ranbaxy Labs., Ltd. v. Burwell

Case Name: Ranbaxy Labs., Ltd. v. Burwell, 14-cv-1923 BAH, 2015 U.S. Dist. LEXIS 29459 (D.D.C. Mar. 11, 2015) (Howell, J.). Drug Products and Patents-in-Suit: Nexium® (esomeprazole) and Valcyte® (valganciclovir);...more

Eli Lilly & Co. v. Mylan Pharms., Inc.

Case Name: Eli Lilly & Co. v. Mylan Pharms., Inc., Civ. No. 14-cv-00389-SEB-TAB, 2015 U.S. Dist. LEXIS 30175 (S.D. Ind. Mar. 12, 2015) (Barker, J.). Drug Product and Patents-in-Suit: Effient® (prasugrel hydrochloride);...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

Takeda Pharm. Co., Ltd. v. TWi Pharms., Inc.

Case Name: Takeda Pharm. Co., Ltd. v. TWi Pharms., Inc., Civ. No. 13-CV-02420-LHK, 2015 U.S. Dist. LEXIS 32948 (N.D. Cal. Mar. 17, 2015) (Koh, J.). Drug Product and Patent(s)-in-Suit: Dexilant® (dexlansoprazole); U.S....more

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