Relying heavily on the Patent Trial and Appeal Board’s denial of an inter partes review (IPR) petition involving the patent-in-suit, a court in the Eastern District of Virginia recently refused to let the defendant amend its...more
Despite evidence that defendants monitored plaintiffs’ product development and attempted to match its dosing intervals, the District Court of Delaware found no willful infringement because that activity took place before the...more
A federal judge in the Northern District of California recently rejected an argument that would have expanded inter partes review (IPR) estoppel seemingly beyond the plain reading of 35 U.S.C. § 315(e)(2). The plaintiff had...more
The Federal Circuit vacated and remanded a decision by the District Court for the Northern District of California when it failed to consider joining the patent owner before dismissing a case in which the licensee possessed...more
6/25/2019
/ Article III ,
Dismissals ,
Exclusive Licenses ,
FRCP 19 ,
Joinder ,
Patent Infringement ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Precedential Opinion ,
Remand ,
Standing ,
Subject Matter Jurisdiction ,
Transfer of Rights ,
Vacated
The Patent Trial and Appeal Board (the “Board”) vacated its institution decision and terminated an inter partes review (IPR) filed by Mylan Pharmaceuticals, Inc. (“Mylan”) based on Mylan’s prior counterclaim seeking a...more
4/15/2019
/ Counterclaims ,
Declaratory Judgments ,
Inter Partes Review (IPR) Proceeding ,
Joinder ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Time-Barred Claims ,
Vacated ,
Voluntary Dismissals
The District Court of Delaware denied defendant Wockhardt’s motion to dismiss a patent infringement action based on the reasonable inference that plaintiff AstraZeneca may need to assert its patent rights in the future. On...more
FEDERAL CIRCUIT CASES -
Federal Circuit Reverses $61 Million Judgment Based on Erroneous Claim Construction -
Despite the Supreme Court’s recent Teva v. Sandoz decision that factual findings by a district court...more
DISTRICT COURT CASES -
Patent Misuse is Not a Stand-Alone Cause of Action -
Plaintiffs Continental Automotive GmbH and Continental Automotive Systems, Inc. (collectively Continental) filed a complaint iBiquity...more
DISTRICT COURT CASES -
Case Deemed Exception Where Patentee’s Infringement Read Contradicted a Prior Claim Construction Order of Related Patents in a Prior Litigation -
After construing a critical disputed claim...more
Federal Circuit Has Jurisdiction to Decide Non-Patent Causes of Action That Involves a Substantial, Non-Hypothetical Disputed Patent Law Issue -
On September 16, 2014, a Federal Circuit panel consisting of Circuit...more
FEDERAL CIRCUIT CASES -
Federal Circuit Has Jurisdiction to Decide Non-Patent Causes of Action That Involves a Substantial, Non-Hypothetical Disputed Patent Law Issue -
On September 16, 2014, a Federal Circuit...more