Emerging Strategies for Protecting Global IP Rights
Patent Mediation – Interview with John Delehanty, Member, Mintz Levin
Patent Office Litigation Update: Patent Zombies
The San Diego Intellectual Property Law Association (SDIPLA) is one of two groups that have filed an amicus curiae brief urging reversal of the District Court's summary judgment decision in Ariosa Inc v. Sequenom, Inc. (The...more
On January 22, 2014, the Supreme Court issued its opinion in Medtronic, Inc. v. Mirowski Family Ventures, LLC.1 The Court held that the burden of persuasion for proving patent infringement remains with the patentee in a...more
Last Thursday, Sen. McCaskill, along with Sen. Rockefeller, introduced the "Transparency in Assertion of Patents Act" (S. 2049). Of course, several other bills are currently pending in the Senate that have been introduced by...more
New Filings -
Medtronic, Inc. filed IPR2014-00487 challenging claims 1-14, 19, 20, and 23-27 of U.S. Patent No. 8,361,156 on Systems and Methods of Spinal Fusion, assigned to Nuvasive, Inc. ...more
The Federal Circuit in Enocean GmbH v. Face International Corporation No. 2012-1645 (Fed. Cir. Jan. 31, 2014) reviewed claims which were found by the U.S. Patent and Trademark Office, Board of Patent Appeals and Interferences...more
Orbit Irrigation Products ("Orbit") filed a patent infringement action against Sunhills International ("Sunhills"). After the completion of certain discovery, Sunhills filed a motion to compel. Sunhills contended that Orbit...more
On February 25, 2014, Chief U.S. District Judge Leonard Davis of the Eastern District of Texas unveiled an optional accelerated discovery schedule for cases involving claims of patent infringement. General Order 14-3...more
New Filings -
Oracle Corporation filed IPR2014-00472 against MAZ Technologies LLC, challengnig U.S. Patent No. 7,096,358.
FLIR Systems, Inc. filed IPR2014-00411 against FURRY BROTHERS, LLC, challenging U.S....more
The “America Invents Act” (“AIA”), signed into law on September 16, 2011, dramatically reformed existing patent laws. One particularly important provision replaced Inter Partes Reexamination, a form of post-grant review, with...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Takeda Pharmaceuticals USA Inc. v. Watson Laboratories Inc. et al. 1:14-cv-00268; filed February 27, 2014 in the...more
The U. S. Court of Appeals for the Federal Circuit reversed an obviousness rejection by the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board’s (the Board) of application claims directed to a row pulling...more
Reversing the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences, the U.S. Court of Appeals for the Federal Circuit held that EnOcean’s patent claims for a self-powered wireless switch did not invoke...more
Comcast Cable Communications, LLC (“Comcast”) initiated a declaratory judgment action relating to the following three patents owned by Eclipse IP LLC (“Eclipse”)...more
On February 25, 2014, Chief Judge Leonard Davis of the Eastern District of Texas issued General Order 14-3, which allows for a "Track B" accelerated discovery schedule in patent infringement lawsuits.
The parties must...more
Defendant Bears Burden of Proof in Declaratory Judgment Case -
In Medtronic, Inc. v. Mirowski Family Venture, LLC, Appeal No. 12-1128, the Supreme Court reversed the Federal Circuit’s determination that the burden of...more
Cognex Corporation v. Microscan Systems, Inc., 2013 WL 6906221 (S.D.N.Y. Dec. 31, 2013).
in this patent infringement suit, the defendants moved for sanctions for spoliation of a disk that was essentially destroyed...more
Applying the TiVo standard on finding of contempt when an infringer releases a new or modified product, the U.S. Court of Appeals for the Federal Circuit vacated the district court’s contempt order, concluding that a new...more
Feb. 27, 2014 – The U.S. Supreme Court heard oral argument yesterday in its two cases on attorneys’ fees awards in patent infringement cases. The issues in Octane Fitness v. Icon Health & Fitness and Highmark v. Allcare...more
Usually when the same sentence mentions Amazon, Apple, Samsung or Microsoft and the word “patent” you are reading a report concerning some billion-dollars infringement litigation....more
In This Issue:
Suprema, Inc. v. ITC; Ibormeith IP, LLC v. Mercedes-Benz USA, LLC; Intellect Wireless v. HTC; and IPR’s Limited Grounds Prove Challenging for Petitioners.
Excerpt from Suprema, Inc. v. ITC...more
The Supreme Court, in a unanimous decision issued on January 22, 2014, held that the burden of proof in patent infringement actions falls upon the patentee, regardless of whether the patentee is the moving party in the...more
The en banc Federal Circuit, in a 6–4 decision, invoked the doctrine of stare decisis and decided to retain the de novo standard for appellate review of district court claim constructions....more
On January 31, 2014, Phigenix, Inc. (“Phigenix”) filed a lawsuit in federal district court in Georgia alleging that the sale and use of the drug Kadcyla by Genentech, Inc. (“Genentech”) infringed U.S. Patent No. 8,080,534B2,...more
In Takeda Pharmaceutical Company Ltd. v. Zydus Pharmaceuticals USA, Inc., the Federal Circuit reversed the district court’s finding that Zydus’s proposed generic product infringed Takeda’s Prevacid® SoluTab™ patent, but...more
Feb. 24, 2014 — On Friday, the Federal Circuit reaffirmed 6–4 in Lighting Ballast Control LLC v. Philips Electronics North America Corp., that its holding in Cybor Corp v. FAS Technologies is still good law. In short, patent...more
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