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Third-Party Patents Appeals

Flaster Greenberg PC

Nimitz Patent Fight Offers Peek Behind NPE Liability Curtain

Flaster Greenberg PC on

This article originally ran in Law360 on February 10, 2023. All rights reserved.  Patent litigation brought by nonpracticing entities, or NPEs, has seen exponential growth. These cases are often filed against large retailers...more

McDermott Will & Emery

Patent Venue Statute Doesn’t Apply to Third-Party Counterclaim Defendant; Acts in Furtherance of Partnership May Be Imputed to...

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The US Court of Appeals for the Federal Circuit affirmed a district court’s determination of proper venue, finding that the patent venue statute, 28 U.S.C. § 1400(b), does not apply to a third-party counterclaim defendant and...more

McDermott Will & Emery

Third-Party Licensing Information May Be Exception to General Right of Public Access to Court Records

McDermott Will & Emery on

In a second appeal relating to sealing third-party licensing information, the US Court of Appeals for the Federal Circuit vacated and remanded a district court’s order denying a motion to seal because the district court...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court - February 2022 #2

Adapt Pharma Operations Limited v. Teva Pharmaceuticals USA, Inc., Appeal No. 2020-2106 (Fed. Cir. Feb. 10, 2022) - In our Case of the Week, the Court of Appeals for the Federal Circuit, in both the majority opinion and...more

McDermott Will & Emery

Third Parties Not Responsible for Defective Motion to Seal

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The US Court of Appeals for the Federal Circuit held that a district court did not abuse its discretion in denying reconsideration of a previous order denying a litigant’s defective motion to seal with regard to the...more

Holland & Knight LLP

Federal Circuit: Unrelated Patent's Citation to Asserted Patent Doesn't Suggest a Technical Solution

Holland & Knight LLP on

Data Scape Limited sued Western Digital in the U.S. District Court for the Central District of California, alleging infringement of four patents that claim methods, systems and apparatuses for transferring music from one...more

Smart & Biggar

Apotex fails to establish it would have obtained non-infringing perindopril from foreign third-party suppliers; original $61+...

Smart & Biggar on

Servier and its related company ADIR were successful in another chapter of patent litigation relating to perindopril (Servier’s COVERSYL): the Federal Court again dismissed Apotex’s non-infringing alternative defence, finding...more

McDermott Will & Emery

New Party Has No Cause of Action to Appeal PTAB Decision (Agilent Technologies, Inc. v. Waters Technologies Corp.)

Addressing the statutory cause of action requirement to appeal a reexamination decision, the U.S. Court of Appeals for the Federal Circuit dismissed an appeal, finding that the appellant was not a third-party requester of the...more

McDermott Will & Emery

Federal Circuit Upholds ITC’s Authority to Enforce Consent Order Covering Third-Party Products

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uPI Semiconductor Corp. v. U.S. International Trade Commission and Richtek Technology Corp. v. U.S. International Trade Commission - The U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in...more

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