News & Analysis as of September 19, 2024

Patents

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Same Product in Different Packaging May Constitute Separate Market for Antitrust Purposes

McDermott Will & Emery on 3/28/2024

Addressing an issue of first impression, the US Court of Appeals for the Second Circuit concluded that two medications that contain the same ingredients but are packaged in different forms constitute separate markets for...more

The Heightened Standard of Proving Induced Infringement

Knobbe Martens on 4/12/2022

ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC - Before Newman, Prost, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: A finding of inducing infringement requires...more

Fourth Circuit Breathes New Life into Monopolization Suit

McDermott Will & Emery on 4/22/2021

The US Court of Appeals for the Fourth Circuit revived an antitrust suit alleging that a pharmaceutical manufacturer illegally maintained its monopoly for its innovator drug by precluding competition beyond the expiration...more

Courts Have No Jurisdiction Over Challenge to PTO Action Before Final Agency Decision

Knobbe Martens on 6/3/2020

ODYSSEY LOGISTICS AND TECH. v. IANCU - Before Lourie, Reyna and Hughes. Appeal from the United States District Court for the Eastern District of Virginia. Summary: PTO procedural actions are not appealable before the...more

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

McDermott Will & Emery on 10/30/2019

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

Supreme Court to Consider Time Bar to AIA Challenge

McDermott Will & Emery on 7/9/2019

The Supreme Court of the United States, brushing aside the position taken by the US Patent and Trademark Office as to the suitability of this case as a vehicle for review, agreed to consider whether a petition for an America...more

Coda Development v. Goodyear Tire & Rubber

Knobbe Martens on 2/28/2019

Federal Circuit Summary - Before Prost, Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio. Summary: On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to...more

Latest Federal Court Cases - October 2018

Schwabe, Williamson & Wyatt PC on 10/2/2018

Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes...more

Expanded PTO Panels and Improper Joinder: The Federal Circuit Fires a Warning Shot

Jones Day on 8/25/2017

The Federal Circuit’s decision in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., (Fed. Cir. No. 16-2321), expresses a growing discomfort with the Patent Office’s practice of joinder and expanded panels....more

Federal Circuit Review | April 2017

Knobbe Martens on 5/16/2017

Patentee’s Unnecessarily Broad Prosecution Disclaimer Affirmed by Federal Circuit - In Technology Properties Limited LLC v. Huawei Technologies Co., Ltd., Appeal Nos. 2016-1306, -1307, -1309, -1310, -1311, the Federal...more

Supreme Court and Precedential Federal Circuit Patent Cases

Schwabe, Williamson & Wyatt PC on 4/4/2017

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

SCA Hygiene Case Provides a Clear Win for Patent Owners

Bradley Arant Boult Cummings LLP on 4/3/2017

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court last week overruled the Federal Circuit’s en banc decision that laches (unreasonable delay in bringing a claim) can bar recovery of...more

Supreme Court Rejects Laches Defense in Patent Cases

Proskauer - New England IP Blog on 3/27/2017

The U.S. Supreme Court ruled this week that laches is not a defense in the majority of patent cases. Justice Alito, writing for the 7-1 majority, found the application of laches to patent disputes incompatible with the...more

Supreme Court Curbs Laches as a Defense in Patent Cases

Jones Day on 3/25/2017

In SCA Hygiene Products v. First Quality Baby Products, decided on March 21, 2017, the U.S. Supreme Court significantly reduced the role of the laches defense in patent actions: "Laches cannot be interposed as a defense...more

Supreme Court Eliminates the Laches Defense in Patent Cases

Akin Gump Strauss Hauer & Feld LLP on 3/25/2017

The Supreme Court held that laches is no longer a defense against patent infringement. The Patent Act’s six-year statute of limitations already limits the window for damages for infringement, which precludes any further...more

U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

Knobbe Martens on 3/25/2017

The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...more

"In SCA Hygiene, Supreme Court Rules Laches Not a Defense to Damages Within Statutory Period in Patent Cases"

Skadden, Arps, Slate, Meagher & Flom LLP on 3/22/2017

In a 7-1 decision issued on March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be invoked as a defense against a claim for damages in a patent...more

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