News & Analysis as of

Patents Amended Complaints

Irwin IP LLP

Amended Complaint Gives Plaintiff a Do-Over, Not the Defendant

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Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant...more

Patterson Belknap Webb & Tyler LLP

Judge Gardephe Gives Bytemark a Second Bite Against Xerox

On January 10, 2022, U.S. District Court Judge Paul G. Gardephe (S.D.N.Y.) granted Plaintiff Bytemark, Inc’s (“Bytemark”) motion for leave to file a third amended complaint, asserting two new patents after the prior...more

Goodwin

AbbVie Inc. et al. v. Alvotech hf. Updates

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We have previously reported on AbbVie’s first and second wave suits against Alvotech hf. (Alvotech) in the Northern District of Illinois regarding an adalimumab biosimilar. In the second wave suit, on December 21, 2021,...more

Knobbe Martens

Federal Circuit Review - July 2021

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District Court’s Pleading Standard Returns an Error Code in PS4 Battle - In Bot M8 LLC v. Sony Corporation Of America, Appeal No. 20-2218, the Federal Circuit held that the district court’s view that infringement...more

Knobbe Martens

District Court’s Pleading Standard Returns an Error Code in PS4 Battle

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BOT M8 LLC v. SONY CORPORATION OF AMERICA - Before Dyk, Linn, and O’Malley.  Appeal from the United States District Court for the Northern District of California - Summary: The district court’s conclusion that...more

Mintz - Intellectual Property Viewpoints

District of Delaware Recites Policy Rationale for Dismissing Willful and Indirect Infringement Claims for Failure to Plead...

On March 24, 2021, U.S. District Judge Colm F. Connolly of the District of Delaware, granted a defendant’s motion to dismiss claims for contributory and induced infringement and enhanced damages under 35 U.S.C. § 284 because...more

McDermott Will & Emery

For Certain Not Secret Now: Court Declines to Seal Alleged Trade Secret in Amended Complaint

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a decision declining to seal information in an amended complaint where the defendant failed to prove that the information was a trade secret. DePuy Synthes Products,...more

Knobbe Martens

What’s Enough to Show Information Is “Trade Secret” for Filing Under Seal?

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DEPUY SYNTHES PRODUCTS, INC. v. VETERINARY ORTHOPEDIC IMPLANT, INC. Before Prost, Clevenger, and Dyk. Appeal from the Middle District of Florida.  Summary: Internal efforts to maintain confidentiality are not enough...more

Knobbe Martens

Utility Patents: Another Strategy to Protect Your Beauty and Cosmetic Portfolio

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On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of...more

Mintz - Intellectual Property Viewpoints

Eastern District of Michigan Dismisses Willful Infringement Claims for Failure to Allege Infringer's Knowledge and Egregious...

On July 13, 2020, the U.S. District Court for the Eastern District of Michigan, in Mich. Motor Techs., v. Volkswagen Aktiengesellschaft, No. 19-10485, granted Volkswagen’s motion to dismiss Michigan Motor Technologies’...more

Mintz - Intellectual Property Viewpoints

Motion to add willful infringement charge based entirely on post-suit activity is granted…because it is Unopposed

On June 26, 2020, the U.S. District Court for the District of Delaware, in VLSI Tech. LLC. v. Intel Corp, No. 18-0966-CFC, denied VLSI’s motion for leave to amend to add claims for willful infringement of U.S. Patent Nos....more

Mintz - Intellectual Property Viewpoints

District Court denies motion to dismiss despite Federal Circuit’s finding of patent invalidity in appeal of parallel ITC...

On December 5, 2019, Judge David C. Godbey of the Northern District of Texas denied the defendant Diebold Nixdorf, Inc.’s (“Diebold”) motion to dismiss under Rule 12(b)(6), in Nautilus Hyosung Inc. v. Diebold, Inc. et al.,...more

McDermott Will & Emery

Flip It and Reverse it: Relation Back Requires Notice of Claims Arising Out of Same Conduct, Transaction, Occurrence

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Addressing the application of the relation-back doctrine, the US Court of Appeals for the Federal Circuit revived a lawsuit, finding that damages were available because the amended complaint that asserted new patents related...more

Holland & Knight LLP

D. Utah Cellspin Not Section 101 Intervening Law

Holland & Knight LLP on

This summer, the District of Utah dismissed Simio’s lawsuit against Flexsim Software, finding that the asserted patent was not patent eligible under Section 101. Simio responded by asking the court to vacate its judgment or,...more

McDermott Will & Emery

Unique Procedural Posture Leads to No Sanctions in Frivolous Appeal

Reaffirming that the plaintiff in a patent case has the burden of establishing that venue is proper, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal. The Court ultimately denied the...more

Knobbe Martens

Amended Complaint May Relate Back to Original Complaint Despite Asserting Different Patents

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ANZA TECHNOLOGY, INC. v. MUSHKIN, INC. Before Prost, Newman, and Bryson. Appeal from the United States District Court for the District of Colorado. Summary: Patent infringement claims in an amended complaint may relate...more

Akin Gump Strauss Hauer & Feld LLP

PTAB: Informal Delivery of Complaint Does Not Start One-Year Clock for Filing IPR

A Patent Trial and Appeal Board (PTAB or Board) panel has determined that emailing a proposed amended complaint is not “service of a complaint” under 35 U.S.C. § 315(b). On January 23, 2018, Aristocrat Technologies, Inc....more

McDermott Will & Emery

Specific Factual Allegations of Inventive Concept Defeat Motion to Dismiss

Addressing patent eligibility at the motion to dismiss stage of a case, the US Court of Appeals for the Federal Circuit vacated a district court’s grant of a motion to dismiss, finding that the district court improperly...more

Knobbe Martens

Parroting Language of Venue Statute Is Not Enough to Avoid Dismissal

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WESTECH AEROSOL CORPORATION v. 3M COMPANY - Before Lourie, Mayer, and Reyna. Appeal from the United States District Court for the Western District of Washington. Summary: To establish proper venue, a plaintiff must...more

Knobbe Martens

Plausible and Specific Factual Allegations That Aspects of a Claim Are Inventive Are Sufficient to Defeat a Motion to Dismiss for...

Knobbe Martens on

CELLSPIN SOFT, INC. V. FITBIT, INC. ET AL. Before Lourie, O’Malley, and Taranto. Appeal from the United States District Court for the Northern District of California. Summary: While not all factual allegations that are...more

McDermott Will & Emery

PTAB Clarifies when Live Testimony at Oral Argument Is Permitted, and Motion to Amend Practice

The Patent Trial and Appeal Board (PTAB) designated as precedential four decisions addressing America Invents Act proceedings and issues of live testimony at oral argument and motions to amend under 35 USC § 316(d)....more

McDermott Will & Emery

Stick to the Pleading when Deciding Motion to Dismiss

The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more

Goodwin

Coherus Settles with AbbVie, and Sues Amgen, Over Adalimumab Biosimilars (Updated)

Goodwin on

Coherus announced today that it has executed settlement agreements with AbbVie that grant Coherus global, non-exclusive, royalty-bearing license rights under AbbVie’s intellectual property to commercialize CHS-1420, Coherus’...more

Jones Day

ITC Permits Addition of Invalidity Defense Previously Raised By Terminated Respondent

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Administrative Law Judge (“ALJ”) McNamara’s recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery. See In the Matter of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2019 #4

Coda Development S.R.O. v. Goodyear Tire & Rubber Co., Appeal No. 2018-1028 (Fed. Cir. Feb. 22, 2019) In an appeal from a district court dismissal of a case seeking correction of inventorship, the Federal Circuit reversed...more

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