News & Analysis as of

Article III Noninfringement

Axinn, Veltrop & Harkrider LLP

Bayer Covenants Not to Sue, Still Has Headache

Bayer's ‘053 patent on its drug Xarelto® expires in November 2024, and Bayer granted Mylan a covenant not to sue. Bayer has a second patent that is subject to a pediatric exclusivity that expires later - February 2025 - and...more

Knobbe Martens

It Is Not Controversial: Factual and Legal Specificity Needed in Standing Dismissals

Knobbe Martens on

MITEK SYS., INC. V. UNITED SERVS. AUTO. ASS’N - Before Dyk, Taranto, and Cunningham.  Appeal from the U.S. District Court for the Eastern District of Texas. Summary:  Declaratory judgment plaintiffs must identify...more

McDermott Will & Emery

Define Frustration: Appealing from Decision in Suit Against Co-Owner’s Wholly Owned Subsidiary with Major Issues Still Undecided

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated a grant of summary judgment of non-infringement and remanded for resolution of numerous factual issues in a case addressing “extremely frustrating” issues involving the...more

Knobbe Martens

JTEKT Corporation v. GKN Automotive LTD.

Knobbe Martens on

Federal Circuit Summary - Before Prost, Dyk, and O’Malley. Appeal from the Patent and Trial Appeal Board. Summary: An IPR petitioner lacks standing to appeal an adverse decision by the Board if it sells no infringing...more

Schwabe, Williamson & Wyatt PC

Supreme Court and Precedential Federal Circuit Patent Cases

The Supreme Court’s ruling in Impression Products v. Lexmark will force patentees to get what they can in their initial sale or licensing of patented products in both the U.S. and abroad, knowing that they will have to rely...more

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