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Science, Computers & Technology Civil Procedure

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Suppes v. Katti (Fed. Cir. 2017)

Earlier this fall, the Federal Circuit affirmed a decision by the District Court for the Western District of Missouri dismissing a complaint filed by Galen J. Suppes for lack of jurisdiction. In dismissing Mr. Suppes'...more

BMS Challenges Momenta’s Standing In Federal Circuit Appeal of PTAB Decision

by Goodwin on

On December 5, 2017, the Federal Circuit heard oral argument in Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Company, 17-1694. Momenta is appealing a PTAB decision upholding the validity of BMS’s U.S. Patent No....more

District Courts Split over Proper Patent Venue for Hatch-Waxman Act Litigation

by Morgan Lewis on

There have been two interpretations of the “acts of infringement” language in the patent venue statute regarding ANDA submissions in Hatch-Waxman litigation....more

Eli Lilly and Company v. Perrigo Co. (Fed. Cir. 2017)

In an appeal decided last month, the Federal Circuit affirmed a decision by the District Court for the Southern District of Indiana finding claim 20 of U.S. Patent No. 8,435,944 to be invalid as obvious. The panel also...more

Intellectual Property and Technology News (Asia Pacific) December 2017

by DLA Piper on

Intellectual Property and Technology News (Asia Pacific) is our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering perspectives, analysis and visionary...more

Hatch-Waxman Venue: The New Narrow?

by Robins Kaplan LLP on

The issue of venue—where geographically a case can be brought—and jurisdiction are a pair of principles to determine in which forum a case can properly be brought. Jurisdiction in personam concerns whether a particular party...more

Amgen Seeks En Banc Consideration of Written Description and Enablement Issues in Praluent® Litigation

by Goodwin on

In October, a Federal Circuit panel vacated a permanent injunction (which the Federal Circuit had earlier stayed pending appeal) that would have otherwise prohibited the sale of Sanofi and Regeneron’s Praluent® (alirocumab)...more

Ascertainability & In Re Nexium – The Side-Effects Continue

by Pierce Atwood LLP on

As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more

IPR Updates

by Goodwin on

Below are recent updates in biosimilar-related IPR proceedings: GENERAL BIOLOGICS PATENTS - On December 1, 2017, the Board granted institution of four IPRs on Celltrion’s petitions (IPR2017-01373 and IPR2017-01374) and...more

Ninth Circuit Rejects VPPA Claims of Roku Channel User, Declining to Adopt Broad Definition of PII

In a decision that clarified aspects of the video privacy landscape, the Ninth Circuit affirmed the dismissal of an action alleging a violation of the Video Privacy Protection Act (VPPA) based on an assertion that ESPN’s...more

The Second Circuit Provides A Roadmap For Employers Defending Claims Under Illinois’ Biometric Information Privacy Act

by Littler on

While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have...more

Ninth Circuit Makes it Easier to Sue for Video Privacy Protection Act Violations But Harder to Win

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held in Eichenberger v. ESPN that allegations that the Video Privacy Protection Act was violated are sufficient to establish Article III standing, but that the definition of...more

Court Enforces — Partially — IRS “John Doe” Summons Served on Virtual Currency Exchanger

by Ballard Spahr LLP on

Last week, a federal magistrate judge in the Northern District of California granted in part and denied in part a motion by the IRS to enforce a “John Doe” summons served on Coinbase, Inc., which operates a virtual currency...more

Janssen’s Infliximab Case Against Samsung Bioepis Dismissed

by Goodwin on

As we previously reported, Janssen and Samsung Bioepis jointly filed a stipulation of voluntary dismissal requesting that the District of New Jersey dismiss with prejudice Janssen’s patent infringement claims against Samsung...more

Federal Circuit Review - November 2017

by Knobbe Martens on

Fractured Federal Circuit Holds Patent Owner Does Not Bear Burden of Persuasion in IPR Motions to Amend - In Aqua Products, Inc. v. Matal, Appeal No. 2015-1177, the Federal Circuit, sitting en banc, held that a patent...more

Still No “Newly Acquired Information,” Eliquis Claims Still Preempted

by Reed Smith on

The defendants in the Eliquis MDL have turned somewhat of a preemption hat trick. The latest order is In re Eliquis (Apixaban) Prods. Liab. Litig., No 17-md-2754 (S.D.N.Y. Nov. 29, 2017), where the district court dismissed...more

Trebled Damages Means No Injunction for Knock-Off Software

by McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more

Spokeo Strikes Again – Biometric Data Privacy Class Action Fails On Its Face (Scan)

by Jackson Lewis P.C. on

On November 21, 2017, the U.S. Court of Appeals for the Second Circuit held that a plaintiff bringing a putative class action under the Illinois Biometric Information Privacy Act (“BIPA”) could not establish an injury-in-fact...more

U.S. Supreme Court Hears Oral Argument In Case That Raises Issue Of Whether State Courts Have Jurisdiction Over Securities Act...

by Shearman & Sterling LLP on

On November 28, 2017, the U.S. Supreme Court heard argument in Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, a case addressing whether state courts have jurisdiction over class actions asserting...more

Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. (D. Del. 2017)

Last month, in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc., District Judge Richard G. Andrews of the U.S. District Court for the District of Delaware denied a motion to dismiss filed by...more

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

by King & Spalding on

On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

Privacy & Cybersecurity Update - November 2017

In this month's edition of our Privacy & Cybersecurity Update, we discuss a Washington state court decision allowing a data breach lawsuit to move forward on a negligence claim, a Ninth Circuit ruling regarding releasing...more

Latest Batch of 2017 Updates to Ediscovery for Defendants Cheat Sheet

by Reed Smith on

We update our cheat sheet devoted to ediscovery for defendants differently than the others. Because of the broad nature of the topic – these cases arise in a wide variety of non-drug/device contexts – other personal injury,...more

Seven-Year Junk Fax Litigation Ends in $7M Settlement

A seven-year-old case involving allegedly illegal faxes may finally be coming to an end after a federal court judge granted preliminary approval to a $7 million deal....more

Can an Industry Group Appeal an Unfavorable IPR Decision?

by WilmerHale on

Patent owners, both those practicing their invention and nonpracticing entities (NPEs), often approach companies they believe are infringing their patent rights. The patent owners threaten lawsuits if the companies do not...more

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