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Subject Matter Jurisdiction Patent-Eligible Subject Matter

Knobbe Martens

Federal Circuit Review - September 2019

Knobbe Martens on

State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

Knobbe Martens

Federal Circuit Review - August 2019

Knobbe Martens on

Mere Potential for Future Appeal Does Not Prevent Triggering Estoppel of Inter Partes Reexamination When Party Fails to Seek Relief in the First Instance - In Virnetx Inc. v. Apple Inc., Appeal Nos. 2017-1591, -1592,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Genetic Veterinary Sciences, Inc. v. LABOKLIN GmbH (Fed. Cir. 2019)

Earlier this month, in Genetic Veterinary Sciences, Inc. v. LABOKLIN GmbH, the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Virginia granting a motion for judgment as a matter of...more

Knobbe Martens

Jurisdiction over Foreign Entities and Foreign Sovereigns

Knobbe Martens on

GENETIC VETERINARY SCIENCES v. LABOKLIN GMBH & CO. KG - Before Wallach, Hughes, and Stoll. Appeal from the Eastern District of Virginia. Summary: (1) If a foreign entity is not subject to jurisdiction in any state’s...more

McDermott Will & Emery

Sovereign Plaintiff Not Immune from Infringement Defenses

McDermott Will & Emery on

Affirming dismissal of a patent infringement lawsuit on § 101 eligibility grounds, the US Court of Appeals for the Federal Circuit found that a patent holder bringing an infringement action waives sovereign immunity against...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2019

University of Florida Research Foundation, Inc. v. General Electric Company, Appeal No. 2018-1284 (Fed. Cir. Feb. 26, 2019) - The Court this week affirmed the Rule 12(b)(6) dismissal of an infringement lawsuit, finding...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 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

Foley & Lardner LLP

Federal Circuit Finds ANDA Jurisdiction Before PIV Certification

Foley & Lardner LLP on

Our first article on Vanda Pharmaceuticals, Inc. v. Aventisub, LLC focused on the subject matter eligibility of the personalized method of treatment claims under 35 USC § 101. Next, we considered how the Fanapt® label was...more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

WilmerHale

Federal Circuit Patent Updates - June 2017

WilmerHale on

Nexlearn, LLC v. Allen Interactions, Inc. (No. 2016-2107, -2221, 6/19/17) (Moore, Schall, Hughes) Moore, J. Affirming dismissal due to lack of personal jurisdiction....more

Schwabe, Williamson & Wyatt PC

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

WilmerHale

Federal Circuit Patent Updates - April 2016

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Mankes v. Vivid Seats Ltd. (No. 2015-1909, 4/22/16) (Taranto, Schall, Chen) - Taranto, J. Vacating judgment on the pleadings dismissing cases for inadequately pleading divided infringement and remanding for...more

McDermott Will & Emery

Pre-AIA Statute Did Not Give Patent Owner in an Ex Parte Reexamination the Right to Bring an Action in District Court

In re Teles AG Informationstechnologien - Addressing whether a patent owner involved in a pre-America Invents Act (AIA) ex parte reexamination, could challenge an adverse reexamination decision in a district court...more

Foley & Lardner LLP

Myriad Urges Dismissal of “Gene Patenting” Case

Foley & Lardner LLP on

Yesterday Myriad urged the Federal Circuit to dismiss the “gene patenting” case on the ground that subject matter jurisdiction no longer exists. Myriad argued that in the alternative, the case should be remanded to the...more

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