News & Analysis as of

Summary Judgment Patents

Failure to Provide an Unconditional Covenant Not to Sue Kept Case and Controversy Alive

In ArcelorMittal v. AK Steel Corp., [2016-1357] (May 16, 2017), the Federal Circuit affirmed the summary judgment invalidating claims 24 and 25 of U.S. Patent No. RE44153....more

Patent Owner Statements During an IPR Disclaimed Claim Scope

In Aylus Networks, Inc., v. Apple, [2016-1599] (May 11, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. RE 44,412 on systems and methods for implementing digital home networks...more

District Court Precludes Defendant from Asserting Invalidity Grounds That It Raised or Could Have Reasonably Raised in IPR...

On May 11, 2017, Magistrate Judge Roy Payne in the Eastern District of Texas recommended that patentee Biscotti’s inter partes review (IPR) estoppel motion be granted–in-part and denied-in-part....more

Summary Judgment Denied on Reverse Doctrine of Equivalents Defense

On April 28, 2017, the District Court for the District of Delaware denied AVM Technologies’ motion for summary judgment because Intel’s non infringement defense based on the reverse doctrine of equivalents requires the Court...more

Issue Preclusion: Patent Owner Does Not Get a Do Over to Assert the Claims Against Similar Products

In Phil-Insul Corp. v. Airlite Plastics Co., [2016-1982] (April 17, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. 5,428,933. In prior litigation in which Phil-Insul asserted the...more

Trust but Verify – When Speculation and Assertion Are Not Enough

In a non-precedential opinion in Gravelle v. Kaba Ilco, Co., [2016-3218] (April 12, 2017), the Federal Circuit affirmed the district court’s finding of summary judgment for Kaba on the grounds that the plaintiff (Gravelle)...more

Don’t Exalt Slogans over Real Meaning; Find the Claim Construction that Naturally Aligns with the Specification and Prosecution...

In The Medicines Company v. Mylan, Inc., [2015-1113, 2015-1151, 2015-1181] (April 6, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. 7,598,343, and reversed a bench trial...more

Burden Shifted to Accused Infringer to Show Accused Product Not Made by Patented Process

A judge has ordered that an alleged infringer’s product must be presumed to have been made using a patented process, thereby shifting the burden of proof on the issue of infringement from the patent holder to the alleged...more

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

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

Summary Judgment Shot Down in Rifle Patent Lawsuit

In a recent patent case concerning hunting rifles, Judge McCafferty in the District of New Hampshire granted the defendant’s motion for summary judgment with respect to literal infringement of a patent on a rifle handguard,...more

It Was Over Before the Fat Lady Sang; Collateral Estoppel Applies to Partial Summary Judgment under §101

In Intellectual Ventures I LLC v. Capital One Financial Corp., [2016-1077] (March 7, 2017), the Federal Circuit affirmed judgment that all claims of U.S. Patent Nos. 7,984,081 and 6,546,002 are ineligible under 35 U.S.C. §...more

Janssen v. Celltrion: A Misstep in the BPCIA Patent Dance

by Foley Hoag LLP on

Last week, a federal judge in Boston answered a question of first impression arising under the patent dispute resolution provisions of the Biological Price Competition and Innovation Act (“BPCIA”), a process commonly known as...more

Judge Swain Finds a “Book” by Any Other Cover is Still Not a “Camera”

Pro se Plaintiff Chikezie Ottah (“Plaintiff”) sued fifteen automobile companies for patent infringement alleging that defendants’ car mounted cameras infringe U.S. Patent No. 7,152,840 (“the ’840 patent”) entitled “Book...more

District Court Finds Decision Not to Institute Indicative of Weak Invalidity Case on Summary Judgment

The United States District Court for the Middle District of North Carolina recently granted summary judgment dismissing defendant’s invalidity claims, based in part on the Patent Trial and Appeal Board’s (“PTAB”) refusal to...more

Are All Troll Cases Exceptional?

In Iris Connex, LLC, v. Dell, Inc., [2:15-cv-1915-JRG] (January 25, 2016), District Judge Gilstrap, after granting summary judgment to Dell, awarded attorneys fees, noting Dell’s arguments that Iris Connex’s claim...more

Factual Dispute Defeats Summary Judgment on Inherent Anticipation

by McDermott Will & Emery on

Addressing inherent anticipation and inequitable conduct issues, the US Court of Appeals for the Federal Circuit vacated a summary judgment of inherent anticipation, finding that material facts remained in dispute, and...more

Inherent Anticipation for Biotechnology Inventions

Anticipation by inherent disclosure requires that a single prior art reference necessarily includes the unstated limitation. The unpredictable nature of biological processes means that winning summary judgment of invalidity...more

Court Considers 29 Motions Relating To Five Patents-In-Suit

by Morris James LLP on

Robinson, J. 29 motions regarding various data devices and computer-related technologies including: ATA device control; method for configuring an intelligent low power serial bus; memory architecture and devices, systems and...more

IPR Estoppel Narrowed Even Further in D. Delaware Ruling

Despite the astounding success for patent challengers to date in IPR proceedings, are you one who has been worried about the effects of the IPR estoppel in future litigation? Has this concern dissuaded you from considering...more

Court Declines To Vacate No Willfulness Opinion And Laches/Estoppel Trial Is Scheduled

by Morris James LLP on

Stark, C.J. Plaintiff’s motion to vacate summary judgment of no willfulness is denied. Additional issues addressed in a status letter are resolved. A jury trial was held January 11-26, 2016. The court previously, based...more

Invention Must Inevitably Result to be Anticipated by Inherency

In U.S. Water Services, Inc., v. Novozymes A/S, [2015-1950, 2015-1967] (December 15, 2016), the Federal Circuit vacated summary judgment of anticipation and affirmed the denial of summary judgment of no inequitable conduct....more

Heartburn for Defense After Jury Verdict in Pepcid® Dispute

The recent jury verdict in a dispute over a generic version of the heartburn medication Pepcid® Complete® would be enough for anyone to reach for a few tablets of the accused product. After an eight day trial presided over by...more

Judge Forrest Holds that Pre-Suit Knowledge of an Application is Not Pre-Suit Knowledge of a Patent

On December 7, 2016, Judge Katherine B. Forrest (S.D.N.Y.) granted defendant Red Box’s partial motion for summary judgment on plaintiff Verint’s inducement and willfulness claims concerning three of the six patents in suit. ...more

Summary Judgment Motions Are Resolved

by Morris James LLP on

The court finds that the right to sue for infringement prior to the assignment of the patents was transferred to plaintiffs. Plaintiff’s motion regarding unclean hands is denied. The invalidity motion is denied due to issues...more

Two reverse-payment appeals to watch

It has been over three years since the Supreme Court’s Actavis decision. Since then, numerous putative class actions alleging harm to competition as a result of “reverse-payment” settlements have flooded the courts. The...more

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