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Pleadings › Estoppel

Akin Gump Strauss Hauer & Feld LLP

Invalidity Defenses Will Not Be Stricken at Pleading Stage Despite Defendant’s Earlier PGR Petition

Akin Gump Strauss Hauer & Feld LLP on

A district court has denied a patent owner’s motion to strike wholesale a defendant’s affirmative defense of invalidity. The key issue in the motion to strike was the application of the estoppel provision of 35 U.S.C. §...more

Smart & Biggar

Ontario Court of Appeal allows Sanofi and Schering to plead that Federal Court ramipril patent invalidity decision was flawed due...

Smart & Biggar on

In an action by Apotex for compensation from Sanofi and Schering under the Ontario Statute of Monopolies, U.K. Statute of Monopolies and the Trade-marks Act, the Ontario Court of Appeal has overturned a motion judge’s...more

McDermott Will & Emery

First Complaint Triggers One Year Time Bar for IPR Petition (LG Electronics, Inc. v. Mondis Tech. Ltd.)

McDermott Will & Emery on

Addressing whether a petitioner was time-barred or estopped from requesting inter partes review (IPR) based on a newly filed second complaint, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or...more

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