Patent-in-Suit

News & Analysis as of

Court Declines to Modify Judgment Based on Collateral Proceedings before the PTAB Finding Claims of Patent-In-Suit Invalid

Summary: In the decision referenced below, the court declined to modify a judgment pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure even though the PTAB had found several claims of the patent-in-suit...more

Motion To Dismiss Is Granted Due To Unpatentable Subject Matter Of The Patent-In-Suit

The patent-in-suit is titled "Method and System for Operating Applications for Remote Terminal Devices." Defendant challenged the patentability of the patent-in-suit pursuant to section 101 and Alice. ...more

Stay Pending Resolution Of Motion For Judgment On The Pleadings Is Denied

Declaratory judgment plaintiff seeks a stay pending resolution of its motion for judgment on the pleadings. It contends that 23 contested claims from 3 patents-in-suit are not patent-eligible pursuant to section 101. With...more

Judgment Issues For Plaintiffs In ANDA Case

Sleet, J. The court issues findings of fact and conclusions of law and rules on post-trial motions. A 4-day trial took place between November 9-13, 2015. The disputed product is generic forms of plerixafor, which is...more

Eastern District of Texas Finds Website Labeling Patent Invalid Under §101

Nearly one third of all patent cases filed in the United States are heard by a single judge - J. Rodney Gilstrap of the Eastern District of Texas. Many of these cases involve e-commerce or other internet-based patents such...more

Patents-In Suit In ANDA Trial Are Non-Obvious

A 6-day bench trial was held from April 6-14, 2015. After trial, the court entered stipulations and orders regarding infringement of certain claims of the ‘178 and ‘206 patents. The court rejected defendant’s claim that the...more

Post-Trial Finding Of Non-Obviousness Issues

A 6-day bench trial was held from April 6-14, 2015. The court considers post-trial findings of fact and conclusions of law relating to validity of U.S. Patent No. 8,613,950 challenged by defendant on the basis of obviousness....more

Amarin Pharma, Inc. v. Apotex, Inc.

Case Name: Amarin Pharma, Inc. v. Apotex, Inc., Civil Action No. 14-2250 (MLC), 2016 U.S. Dist. LEXIS 7555 (D.N.J. Jan 22, 2016) (Cooper, J.)... Drug Product and Patent(s)-in-Suit: Vascepa® (icosapent ethyl); U.S....more

Disputes Regarding Prosecution Bar In A Protective Order Are Resolved

The court adopts defendants’ proposal as to the scope of the subject matter that a prosecution bar shall cover. The bar extends to qualified persons who are “regularly involved in (directly or by means of supervision) the...more

Judge Bianco Holds EasyWeb’s “Publishing Patent” Is Not Infringed Even Though It Broadly Claims an Abstract Idea

On March 30, 2016, District Court Judge Joseph F. Bianco granted defendant Twitter Inc.’s (“Twitter”) motions for summary judgment of invalidity and non-infringement against plaintiff EasyWeb Innovations, LLC (“EasyWeb”),...more

District Courts Won’t Wait Forever: Stay Lifted Pending Rehearing of IPR Denial

Order Lifting Stay, MLC Intellectual Property, LLC v. Micron Technology, Inc., Case No. 14-cv-03657-SI (Judge Susan Illston) As we have reported in the past, judges in the Northern District are generally willing to stay a...more

Magistrate’s Report And Recommendation Is Adopted

Stark, C. J. Court adopts magistrates Report and recommendation and denies defendants’ motion to dismiss pre-suit induced infringement claims. Defendants’ knowledge of the patent-in-suit may be inferred from their...more

Court Rules On Objections To Report And Recommendation Regarding Section 101 Unpatentability Arguments

Stark, C. J. Court rules on objections to magistrate’s report and recommendations regarding defendants’ assertions that asserted claims in the patents-in-suit were directed to unpatentable subject matter. Briefing on...more

Magistrate’s Report With Recommendation To Deny Dismissal Of Induced Infringement Claim Is Adopted

Defendants contend that the report erred in finding that the factual allegations provided a plausible basis for inferring induced infringement because it incorrectly concluded that defendants had actual knowledge of the...more

Defendants in Default: Motions for Default Judgment Must Demonstrate Infringement

Order Staying Case In Part And Denying Motion For Default Judgement Without Prejudice. e. Digital Corp. v. Ivideon LLC, et al. Case No. 15-cv-00691-JST (Judge Jon S. Tigar) - In a recent opinion, Judge Jon Tigar sua...more

Alice Motion To Dismiss Is Denied

Improved Search LLC v. AOL Inc., C.A. No. 15-262 - SLR, March 22, 2016 - Robinson, J. Defendant’s motion to dismiss pursuant to Rule 12(b)(6) is denied. The disputed technology relates to translation of query and...more

Court Upholds Jury’s Verdict Finding Infringement Of Valid Patents.

Interdigital Communications, Inc., et al. v. ZTE Corporation, et al., C.A. No. 13-0009 - RGA, March 18, 2016 - Andrews, J. Defendants’ motion for judgment as a matter of law or new trial is denied with respect to two of...more

Partial Summary Judgment Granted on Failure to Mark Where Defendant Stipulated That Plaintiff Practiced the Patent-In-Suit

Metaswitch Networks Ltd. ("Metaswitch") filed a motion for partial summary judgment to limit Genband US LLC's ("Genband") damages based on a failure to mark. In support of its motion, Metaswitch argued that partial summary...more

Factual Issues Precludes Dismissal Based On Unpatentable Subject Matter

The patent-in-suit patent claims treatment for lung cancer by using antibodies. Defendants claim that the patent-in-suit offers an administering step akin to the administering step found not to be patent eligible in Mayo....more

Magistrate Recommends Dismissal Of Willfulness And Pre-Suit Inducement And Contributory Infringement Claims.

Fallon, M. J. Report and recommendation recommending that defendants’ partial motion to dismiss willful infringement claims and claims for pre-complaint inducement and contributory infringement be granted....more

Claims Are Construed In Computer Technology Case

Stark, C. J. Claim construction opinion issues regarding eleven terms from two patents. A Markman hearing took place on February 9, 2015 - The disputed technology relates data transmission and storage. The following...more

Jury Verdict Is Upheld In Post-Trial Proceedings

A 10-day trial took place beginning January 26, 2015 resulting in a finding of infringement, no invalidity and an $8 million damages award. Two of the three patents-in-suit were held invalid after trial due to unpatentable...more

Court Rules On Summary Judgment And Daubert Motions

Andrews, J. Defendants’ motion for summary judgment as to no literal or indirect infringement is denied; as to no infringement under the DOE is granted; as to no willfulness is granted. Defendants’ motion to limit damages to...more

Court Has Jurisdiction In Declaratory Judgment Action.

Robinson, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is denied. This is a declaratory judgment action on non-infringement and invalidity of the patent-in-suit. Defendant is an NPE. It had...more

Plaintiff Has Standing To Sue For Infringement Of Deduplication Patents

EMC Corporation, et al. v. Pure Storage, Inc., C.A. No. 13-1985 - RGA, February 29, 2016 - Andrews, J. Court finds plaintiff has standing to sue - The disputed technology relates to deduplications. ...more

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