News & Analysis as of

Patent Infringement

Pharmaceutical Compound Nonobvious Absent Evidence Suggesting Specific Modification to Prior Art Compound

by Jones Day on

The PTAB issued a final written decision in IPR2016-00204, upholding the validity of claims 1–13 of Patent RE38,551 E (“the ’551 patent”), which covers the antiepileptic drug VIMPAT® (lacosamide)....more

Angiomax Patents Limited To Example

by Foley & Lardner LLP on

In The Medicines Co. v. Mylan, Inc., the Federal Circuit construed composition claims of two Angiomax patents as requiring the recited “batches” to be made by a specific “efficient mixing” process illustrated in one of the...more

SAS Urges High Court to Restore Balance to AIA Post-Grant Framework

by Jones Day on

Who makes the country’s patent laws—Congress, or the Patent Office? A recent petition for certiorari filed by SAS Institute, Inc.—represented by a team of Jones Day lawyers—asks the Supreme Court to decide that question in...more

Fed Circ Affirms Conflicting Invalidity Determinations from District Court and PTAB

by Jones Day on

As we have previously discussed on this blog, when considering an issue of patentability such as definiteness under section 112, the PTAB and a district court may properly reach opposite conclusions. In Tinnus Enterprises LLC...more

UK High Court Issues Important Ruling on Licensing of Standard Essential Patents

by BakerHostetler on

On April 5, 2017, the High Court of Justice in the UK ruled that if a patent holder claims that a patent is essential under the ETSI IPR Policy, it must license that patent to third parties on fair, reasonable, and...more

Patent Infringement for Listing on eBay?

by Field Law on

A patent owner notices that knock-off products are listed for sale on eBay. The knock-offs appear to infringe his patent. When eBay refuses to remove the allegedly infringing articles. The patent owner sues eBay for patent...more

Patent Holder Sues CBS and iHeart Over Digital Audio Signal Transmission Systems

On Friday, April 14, 2017, Digital Stream IP, LLC filed two separate complaints in federal court in the Eastern District of Texas against CBS Radio Inc. and iHeartMedia, Inc., alleging infringement of U.S. Patent No....more

4 Tips to Protect Textile Innovations

Is innovation a key component of your business plan? Will you distinguish yourself with unique product offerings? Whether protecting our men and women in uniform, advancing the treatment of medical conditions, or adding to a...more

No Abuse of Discretion in Awarding Prejudgment Interest Based in Part on Patents Not Yet Issued at the Time of Hypothetical...

In Comcast IP Holdings I LLC v. Sprint Communications Co., L.P., No. 2015-1992 (Fed. Cir. Mar. 7, 2017), the Federal Circuit affirmed a jury verdict that Sprint infringed patents owned by Comcast and a $7.5 million damages...more

Opinions of Counsel Should Be Rendered Timely, and Evidence of Opinions of Counsel Should Be Credible

Omega Patents, LLC (“Omega”) sued CalAmp Corp. (“CalAmp”) for patent infringement in the Middle District of Florida. The jury returned a verdict for Omega, finding all of the asserted claims valid and infringed. On April 5,...more

Amgen Responds to Genentech’s Letter in Bevacizumab Case

by Goodwin on

As we reported on Friday, Genentech has informed the District of Delaware that it will not file an amended complaint in its declaratory judgment action against Amgen regarding Amgen’s application to market a biosimilar of...more

5 Top Takeaways: When Is an Opinion of Counsel Required in the New, Post-Halo Environment?

Kilpatrick Townsend Partner James Isbester recently addressed the Intellectual Property Section of the Contra Costa County Bar Association at a CLE event held at the firm’s Walnut Creek office. The presentation, “When Is an...more

Genentech Will Not File Amended Complaint in Case Against Amgen

by Goodwin on

As we previously reported, the District of Delaware granted a motion to dismiss by Amgen in Genentech v. Amgen, finding a lack of subject matter jurisdiction over Genentech’s declaratory judgment complaint under the Federal...more

Federal Circuit Denies SHzoom's Bid to Make Trading Technologies Decision Precedential, But the Case is Still Good Law

by Fenwick & West LLP on

On Wednesday, the Federal Circuit, in a per curiam order, denied SHzoom's motion to make the Trading Technologies opinion precedential. The order of course gave no reasons for the decision. Nonetheless, the underlying...more

How Soon Can A Biosimilar Applicant Be Sued for Patent Infringement?

by Fish & Richardson on

Biosimilar manufacturers proceeding under the abbreviated approval pathway laid out in the Biologics Price Competition and Innovation Act (“BPCIA”) open themselves up to patent infringement litigation. But how soon can a...more

Three Point Shot - April 2017

by Proskauer Rose LLP on

Premier League Takes the Pitch in Fight against Pirated Streams - The United Kingdom's most popular soccer league is using skillful legal tackling to maintain possession of its intellectual property. The Football...more

Aragen Bioscience Files Three Petitions for IPR on Cell-Line Patents

by Goodwin on

Aragen Bioscience, Inc. and Transposagen Biopharmaceuticals, Inc. have filed three petitions for IPR of Kyowa Hakko Kirin Co., Ltd.’s patents: IPR2017-01262 on U.S. Patent 7,425,446; IPR2017-01252 on U.S. Patent 6,946,292;...more

Patent and Plant Breeder’s Rights Year in Review

by K&L Gates LLP on

Welcome to the first edition of K&L Gates Australia, Patent and Plant Breeder’s Rights Year in Review in which we examine the significant judgments, developments and events effecting patents and plant breeder’s rights in...more

Recovery of Damages Under Innovation Patents in Australia

by Jones Day on

The Full Court of the Federal Court of Australia has redrawn the boundary lines for the recovery of damages for infringement of innovation patents. In Coretell Pty Ltd v Australian Mud Co Pty Ltd [2017] FCAFC 54 ("Coretell"),...more

Federal Circuit Limits Claim to Single Embodiment Because Only Enabling Description Provided in the Patent

On April 6, 2017, the Federal Circuit reversed-in-part and affirmed-in-part the district court’s judgment of infringement and summary judgment for non-infringement of The Medicines Company’s (“MedCo”) patents-in-suit. See The...more

PTAB Not Bound By Prior Court Decisions Upholding Exelon Patents

by Foley & Lardner LLP on

In Novartis v. Noven Pharmaceuticals, Inc., the Federal Circuit affirmed the USPTO Patent Trial and Appeal Board (PTAB) decisions invalidating certain claims of two Orange Book-listed Exelon patents. This decision has...more

So What’s the Big Deal About Toner Cartridges? And How in the World Can They Impact Future Business?

by Williams Venker & Sanders on

The recently argued US Supreme Court case, Impression Products v. Lexmark International, has “potentially momentous importance for modern commerce,” per the respected SCOTUSblog ....more

Amgen v. Hospira: Federal Circuit Oral Argument Held

by Goodwin on

On April 3, 2017, the Federal Circuit heard oral argument concerning the discovery dispute between Amgen and Hospira in their litigation concerning Hospira’s proposed biosimilar of Amgen’s product Epogen®/ Procrit® (epoetin...more

Foreign Party Cannot Hide Behind Hague Convention To Avoid Service

by Orrick - NorCal IP Group on

Order Re Service and Motion to Dismiss Re Service, Xilinx, Inc., v. Godo Kaisha IP Bridge 1, Case No. 3:17-cv-00509-JD (Judge James Donato) - It is not uncommon for parties to race to file competing patent suits in their...more

Is the Halo Broken Already?

Last week Docket Navigator delivered a troubling headline regarding a recent District Court decision – “Invalidity Opinion Delivered After Product Launch No Defense to Willful Infringement.” As a practitioner who regularly...more

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