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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Surviving Alice Challenges To Patent Claims

by Weintraub Tobin on

The Court of Appeals for the Federal Circuit just highlighted another approach plaintiffs can use to overcome early challenges to the validity of patent claims under 35 U.S.C. §101. What is that approach? It is a classic...more

Sanofi Opposes Amgen’s Petition for Rehearing En Banc in Praluent® Litigation

by Goodwin on

As we previously reported, Amgen is seeking en banc review of the Federal Circuit panel decision vacating a permanent injunction that would have otherwise prohibited the sale of Sanofi and Regeneron’s Praluent® (alirocumab)...more

Electronic Return Receipt Patent Dispute Dubbed “Exceptional Case” After Summary Judgment Award

In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys’ fees, after finding that the case was “exceptional.” The suit began in 2013,...more

Citrix Files Patent Infringement And Unfair Competition Strike Against Avi Networks’ Cloud Application Delivery Platform For...

In another example of a competitor-based patent lawsuit involving cloud computing, Citrix Systems filed a major lawsuit against its newcomer competitor Avi Networks in the U.S. District Court of Delaware in December 2017. ...more

Federal Circuit Decisions Raise Bar for Invalidating Patents on Section 101 Grounds Before Trial

by Dechert LLP on

Two recent Federal Circuit decisions in the U.S., both penned by Judge Moore, significantly raise the bar for accused infringers seeking to invalidate patents on § 101 grounds before trial. Although one prior Federal Circuit...more

Unsupported Assertions: Expert’s Persuasive Authority Suffers Without Directly Engaging Claim Limitations

by Jones Day on

An expert asserting that a patent claim reciting different features than the prior art is nonetheless “equivalent” to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive...more

Federal Circuit Clarifies Scope of On-Sale Bar

by Knobbe Martens on

Federal Circuit Summaries - In Medicines Co. v. Hospira, Inc., 2014-1469; 2014-1504 (Dyk, Wallach, Hughes), the Federal Circuit affirmed the district court’s finding of non-infringement but reversed the district court’s...more

The Law May Have Changed, But In Texas You’ll Remain

by Fish & Richardson on

The Supreme Court’s TC Heartland decision in May set off a tidal wave that completely reshaped the contours of patent venue law. Riding its wake, defendants around the country presented venue objections under 28 U.S.C. §...more

Orexigen Therapeutics, Inc. v. Actavis Laboratories Fl, Inc.

by Robins Kaplan LLP on

Case Name: Orexigen Therapeutics, Inc. v. Actavis Laboratories Fl, Inc., Civ. No. 15-451-RGA, 2017 U.S. Dist. LEXIS 169570 (D. Del. Oct. 13, 2017) (Andrews, J.)....more

ANDA Your Patent is Not Infringed

In Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC, [2017-1560] (February 9, 2018), the Federal Circuit affirmed the district court finding that it did not abuse its discretion in denying Merck’s request for...more

Sanofi v. Lupin Atl. Holdings S.A.

by Robins Kaplan LLP on

Case Name: Sanofi v. Lupin Atl. Holdings S.A., Civ. No. 15-415-RGA (consol.), 2017 U.S. Dist. LEXIS 174931 (D. Del. Oct. 23, 2017) (Andrews, J.)....more

Failure to Object to Jury Instructions Kills Invalidity Counterclaim

In Flexuspine, Inc. v. Globus Medical, Inc., Nos. 17-1188, 17-1189 (Fed. Cir. Jan. 19, 2018), the Federal Circuit affirmed a district court’s decision denying motions to amend the judgment to include an invalidity...more

Federal Circuit Finds Fact Issues Bar § 101 Ruling, Jeopardizing Early Motion Strategy

by Orrick - IP Landscape on

Berkheimer v. HP Inc., Fed. Cir. (February 8, 2018) - Last Thursday, the Federal Circuit decided Berkheimer v. HP Inc. It ruled, for the first time, that a district court had engaged in improper fact finding when deciding...more

Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC

by Knobbe Martens on

Federal Circuit Summaries - Before Taranto, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Proceeding to trial despite a party’s violation of a discovery order...more

Allergan Sales, LLC v. Teva Pharms. USA, Inc.

by Robins Kaplan LLP on

Case Name: Allergan Sales, LLC v. Teva Pharms. USA, Inc., Civ. No. 2:15-cv-1471-JRG-RSP (Lead), 2017 U.S. Dist. LEXIS 176262 (E.D. Tex. Oct. 24, 2017) (Gilstrap, J.)....more

Patent Owner’s Statements in Related Prosecution Can Support Obviousness Findings

In Paice LLC v. Ford Motor Company (Fed. Cir. Feb. 1, 2018), the Federal Circuit affirmed-in-part and vacated-in-part the Board’s IPR decisions finding certain claims of U.S. Patent Nos. 7,237,634 and 8,214,097, related to...more

‘Where’ Is Patent Infringement Committed, and What Could It Mean for Georgia-Based Companies Sued Outside of Georgia?

Is patent litigation coming home to Georgia? Last year the U.S. Supreme Court holding in TC Heartland v. Kraft Foods Grp. Brands significantly affected the law of venue jurisdiction under 28 U.S.C. § 1400(b) for patent...more

CFAA “Unauthorized Access” Web Scraping Claim against Ticket Broker Dismissed Because Revocation of Access Not Expressed in Cease...

A California district court issued an important opinion in a dispute between a ticket sales platform and a ticket broker that employed automated bots to purchase tickets in bulk. (Ticketmaster L.L.C. v. Prestige...more

Actelion Pharmaceuticals, Ltd. v. Matal (Fed. Cir. 2018)

Last week, the Federal Circuit affirmed the grant of summary judgment by the District Court for the Eastern District of Virginia in favor of the U.S. Patent and Trademark Office with respect to the USPTO's determination of...more

Space Systems Loral to Proceed with Trade Secret Theft Lawsuit Against Orbital ATK

Daniel Wilson of Law360.com reported on Friday, February 2nd, that U.S. District Judge Raymound A. Jackson “trimmed two claims from space technology company SSL’s suit accusing rival Orbital ATK of stealing its trade secrets...more

Otsuka Pharm. Co. v. Mylan Inc.

by Robins Kaplan LLP on

Case Name: Otsuka Pharm. Co. v. Mylan Inc., Civ. No. 14-4508 (JBS-KMW), 2017 U.S. Dist. LEXIS 184160 (D.N.J. Nov. 7, 2017) (Simandle, J.)....more

Discovery Sanctions Affirmed Despite Dwarfing Potential Value of Entire Case

In Klipsch v. ePRO, the Second Circuit affirmed discovery sanctions commensurate with the costs incurred by the moving party in addressing the sanctionable conduct ($2.68 million), as well as security for the sanctions,...more

Galderma Labs., L.P. v. Teva Pharms USA, Inc.

by Robins Kaplan LLP on

Case Name: Galderma Labs., L.P. v. Teva Pharms USA, Inc., Civ. No. 3:17-cv-01076-M (N.D. Tex. Nov. 11, 2017) (Lynn, J.). Drug Product and Patent(s)-in-Suit: Soolantra® (ivermectin); U.S. Patents Nos. 8,815,816 (“the ’816...more

Scope of Brain Imaging Patent Dispute Comes into Focus

Judge Stearns recently clarified the scope of an almost five-year-old multi-district patent dispute in the District of Massachusetts. Since early 2013, Judge Stearns has presided over NeuroGrafix’ allegations of patent...more

Science Application International Corp. v. United States (Fed. Cl. 2018)

U.S. Government Fails in Attempt to Invalidate U.S. Patents under § 101 - In a bit of an ironic outcome, the U.S. government was unsuccessful in invalidating U.S. patents under § 101. It seems odd that the government...more

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