Patent-in-Suit

News & Analysis as of

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

In Daubert Ruling Excluding Both Parties’ Damages Experts, Judge Andrews Rejects FRAND Portfolio Rate as Ceiling on Reasonable...

On February 25, 2016, Judge Richard Andrews granted the parties’ cross-motions to exclude both sides’ damages experts in M2M Solutions LLC v. Motorola Solutions, Inc., C.A. No. 12-33-RGA, Dkt. Nos. 295 and 296 (D. Del. Feb....more

Retrial Is Granted In HVAC Patent Dispute

Robinson, J. Plaintiff’s motion for permanent injunction is moot. Defendants’ post-trial motions are granted in part and denied in part. The disputed technology relates to self-configuring controls for HVAC systems. The...more

Written Description: A License to Hunt or a Wild Goose Chase?

Order Denying Gilead’s Motion for Summary Judgment and Granting Merck’s Motion for Summary Judgment, Gilead Sciences, Inc. v. Merck & Co., Inc. et al., Case No. 5:13-cv-04057 (Judge Beth Freeman) - Gilead sued Merck on...more

Recommendation That Certain Claims Be Dismissed As Patent Ineligible; Motion May Be Renewed Later

Burke, M.J. Magistrate recommends that defendants’ motion to dismiss for failure to state a claim based upon section 101 unpatentable subject matter be granted in part and denied in part. Briefing was completed on March 2,...more

Defendants Do Not Infringe Due To License Agreement

The disputed technology relates to a method for two-way interactivity between the cable office and the cable set top box. Plaintiff entered into an agreement with a patent aggregator RPX and its members to license the...more

District Court Strikes Expert Opinion Testimony on Patent Subject Matter Eligibility Under Section 101

Defendants Metaswitch Networks Ltd and Metaswitch Networks Corp. ("Metaswitch") filed a motion to strike plaintiff's expert opinions of Mr. Lanning, including his opinions that the patents in suit claim patent-eligible...more

Patent Is Invalid Under Alice

The patent-in-suit is directed to redeeming discount offers by associating a machine-readable code with identifying items to be offered at a discount. Defendant asserts that the technology is patent ineligible under Alice....more

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