Patent Infringement

News & Analysis as of

Joint Defendants Succeed on Motion to Stay Pending Reexam

For defendants in patent infringement cases, moving to stay the case pending the outcome of a concurrent U.S. Patent Office reexamination proceeding is a fairly common building block that has the potential to streamline or...more

District Court Dismisses Action after Patent Is Transferred to President of Company

After Plaintiff Pi-Net International, Inc. ("Pi-Net") brought suit against Defendants Focus Business Bank and Bridge Bank, N.A. for patent infringement, the Patent and Trademark Office initiated an Inter Partes Review ("IPR")...more

Court Report - April 2015 #3

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. 1474971 Ontario, Ltd. v. Allergan, Inc. et al. 1:15-cv-03372; filed April 26, 2015 in the Northern District of...more

Enablement is Key – Especially in Biotech Patents

Enablement is the requirement that a patent teach a person skilled in the art (the field of the invention) how to make and use the invention without undue experimentation. In other words, a patent must describe the invention...more

Design meets 3D Printing!

This week in Milan everything is about design. Recently, 3D printing generated a lot of interest in the design industry, allowing any user to manufacture small batches of identical copies of an object at a low cost....more

Apotex Inc. v. Daiichi Sankyo, Inc.

Case Name: Apotex Inc. v. Daiichi Sankyo, Inc., 2014-1282, -1291 2015 U.S. App. LEXIS 5134 (Fed. Cir. Mar. 31, 2015) (Circuit Judges Taranto, Mayer, and Clevenger presiding; Opinion by Taranto, J.) (Appeal from N.D. Ill.,...more

Boston Scientific Files Second IPR Petition Against UAB Patent

Boston Scientific Corporation (“Boston Scientific”) filed a petition with the Patent Trial and Appeal Board on April 10, 2015 requesting inter partes review of U.S. Patent No. 6,266,563 (“the ’563 Patent”). The petition...more

Teva Pharms USA, Inc. v. Sandoz, Inc.

Case Name: Teva Pharms USA, Inc. v. Sandoz, Inc., No. 10-13-854, 135 S. Ct. 831 (Mar. 20, 2012) (Breyer, J. delivered opinion of the Court, in which Roberts, C.J., and Scalia, Kennedy, Ginsburg, Sotomayor, and Kagan, JJ.,...more

Game Over: Plain and Ordinary Construction Results in Summary Judgment

Claim Construction Order and Order Granting Summary Judgment, Segan LLC v. Zynga Inc., 14-cv-01315 (Judge Vince Chhabria) - It is ordinary in patent cases for the patentee to ascribe “plain and ordinary” meaning to...more

LEGO Tries New Angle To Guard Its IP Against Upstart MEGA BLOKS

With the huge popularity of last year’s LEGO movie and record breaking profits—LEGO has now eclipsed Mattel as the world’s largest toy company—you might think that there are few threats to LEGO and its IP on the horizon and...more

Section 337’s Potential for Defending Biologics Market Share Against Biosimilars

Enforcement of biologic patents at the United States International Trade Commission under Section 337 provides certainty and tactical advantages to patent holders that are unavailable in district court under the BPCIA. For...more

District Court Denies Motion for Leave to Amend Answer to Assert Affirmative Defense of Patent Misuse

The defendants in this patent infringement action filed several motions for leave to amend their answers to include various affirmative defenses, including: (1) the affirmative defense of patent misuse; (2) the affirmative...more

Japanese IP High Court’s Challenges

The Intellectual Property High Court of Japan established in April 2005 will have its 10th anniversary this April. The US Court of Appeals for the Federal Circuit founded in 1982 is the model for this IP specialized court....more

Stricter Standing for Inter Partes Review?

Neither the statutes nor the regulations governing Inter Partes Review (IPR) require the party challenging the patent to have been charged with infringement, or even to establish any interest in practicing the claimed subject...more

Summary Judgment Finding Recommended As To Non-Willfulness But Not As To Non-Infringement

Burke, C. J. Report and Recommendation that Defendant’s motion for summary judgment of noninfringement of claim 11 of the patent-in-suit be denied, and for non-willfulness be granted....more

Enforcement Challenges For Biotech Patents [Video]

Enforcing intellectual property rights can be a challenging affair, and this is particularly true in the biotech industry. Attorneys Seth Northrop and Matt McFarlane discuss the issues facing biotech patent holders today,...more

District Court Denies Motion for Leave to File Summary Judgment as Premature Prior to Claim Construction

Rec Software USA, Inc. ("Rec") filed a patent infringement action against HTC America, Inc. ("HTC"). HTC requested leave to file a motion for summary judgment based on 35 U.S.C. §101. The request for leave to file the summary...more

New procedures available for invalidating patents before the USPTO

Business executives have long struggled with whether to defend a patent infringement suit in court, try to settle the dispute for less than the cost/risk of defending it, or seek to deal with the problem patent by requesting...more

District Court Lifts Stay After Covered Business Method Review Is Dismissed Because Federal Circuit Would Not Have Jurisdiction to...

Plaintiff GT Nexus, Inc. ("GT Nexus") filed a declaratory judgment action against Inttra, Inc. ("Inttra") seeking a declaration that four of Inttra's patents ("patents-in-suit") were invalid and have not been infringed....more

Newsletter: March 2015

In This Issue: - Main Article: .. Inter Partes Review and the ITC: The Benefits and Risks of Filing IPR on Patents Asserted in an ITC Investigation - Noted With Interest: .. Securities Act Claims...more

Apotex Has Standing Despite Benicar Patent Disclaimer

In Apotex Inc. v. Daiichi Sankyo, Inc., the Federal Circuit held that Apotex has standing to seek a declaratory judgment that it does not infringe Daiichi Sankyo’s patent, even though Daiichi Sankyo has disclaimed the patent...more

Collateral Estoppel Bars Plaintiff’s Infringement Claims.

Robinson, J. Defendant’s motions for summary judgment of non-infringement due to collateral estoppel and for invalidity are granted. The parties’ motions to exclude opposing expert testimony are denied as moot....more

Court Rules On Post-Trial Motions Following Willful Infringement Verdict

Stark, C.J. Plaintiff’s motion for attorneys’ fees is denied. Defendant’s motion for JMOL is granted in part and denied in part. Plaintiff’s motion to alter or amend judgment is granted in part and denied in part. Argument...more

Defendant Does Not Infringe Due To Doctrine Of Permissible Repair

The disputed technology relates to a carbon dioxide absorber for a rebreather system. The patent-in-suit is a combination patent with a connection head and a housing (“canister”) to be inserted and removed from the adapter...more

The Future of Patent Damages [Video]

The field of patent damages has been subject to many dynamic changes in recent months. Attorneys Seth Northrop and Aaron Fahrenkrog discuss the current state of patent damages in the federal circuit, covering issues such as...more

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