Patent law in Europe: What pharmaceutical companies need to know
Cell therapy products in the U.S. are estimated to be worth approximately $4.5 billion currently and expected to grow to over $30 billion in the next ten years. As market value increases litigation is bound to heat up....more
By Memorandum entered by The Honorable Richard G. Andrews in M2M Solutions LLC et al. v. Sierra Wireless America, Inc. et al., Civil Action No. 14-1102-RGA (D.Del. March 31, 2021), the Court granted Defendants’ motion for...more
The US Court of Appeals for the Federal Circuit remanded a district court’s claim construction and grant of a defendant’s summary judgment motion of non-infringement under the doctrine of equivalents, finding that a...more
EDGEWELL PERS. CARE BRANDS, LLC v. MUNCHKIN, INC. Before Newman, Moore, and Hughes. Appeal from the U.S. District Court for the Central District of California. Summary: Apparatus claims’ non-functional terms should be...more
In April, the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Texas granting summary judgment in favor of Repro-Med Systems, Inc., finding that Repro-Med did not infringe U.S. Patent...more
In a case involving at-home glucose monitoring systems, the US Court of Appeals for the Federal Circuit found the patent owner was estopped from asserting a doctrine of equivalents theory of infringement based on subject...more
In a patent owner’s declaratory judgment action under the Biologics Price Competition and Innovation Act (“BPCIA”) a Federal Circuit panel in Amgen Inc. v. Sandoz Inc., Appeal No. 2018-1551 (Fed. Cir. May 8, 2019) narrowly...more
PATENT CASE OF THE WEEK - Amgen Inc. v. Sandoz Inc., Appeal No. 2018-1551 (Fed. Cir. May 8, 2019) - In an appeal from a district court’s summary judgment of non-infringement, the Federal Circuit affirmed claim...more
In a combined opinion, the US Court of Appeals for the Federal Circuit addressed appeals from district court grants of summary judgment over two patents, and an appeal from the Patent Trial and Appeal Board (PTAB) that one of...more
PATENT CASE OF THE WEEK - Duncan Parking Techs., Inc. v. IPS Group, Inc. and IPS Group, Inc. v. Duncan Solutions, Inc. et al., Appeal Nos. 2018-1205, -1360 (Fed. Cir. January 31, 2019) - The Court this week provided a...more
PATENT CASE OF THE WEEK - Ottah v. Fiat Chrysler, Appeal No. 2017-1842 (March 7, 2018) - In Ottah v. Fiat Chrysler, the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement as to...more
Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more
Before Prost, O’Malley, and Wallach. Appeal from the District of Connecticut (nonprecedential). On August 2, 2017, the Federal Circuit affirmed a decision by the U.S. District Court for the District of Connecticut granting...more
On April 28, 2017, the District Court for the District of Delaware denied AVM Technologies’ motion for summary judgment because Intel’s non infringement defense based on the reverse doctrine of equivalents requires the Court...more
In a recent patent case concerning hunting rifles, Judge McCafferty in the District of New Hampshire granted the defendant’s motion for summary judgment with respect to literal infringement of a patent on a rifle handguard,...more
Addressing claim construction issues, the US Court of Appeals for the Federal Circuit reiterated the necessity of reading claims in the context of the written description when they are not clear on their face. Howmedica...more
Impulse Technology Ltd. v. Microsoft Corporation, et al., C.A. No 11-586 – RGA, September 22, 2015. Andrews, J. Magistrate’s Reports and Recommendations regarding denial of summary judgment of invalidity is adopted and...more
In a decision that expands a customer’s right to defend itself under the Kessler doctrine, the Federal Circuit clarified that a customer is not subject to liability for a product that has already been cleared of patent...more
Addressing the doctrine of equivalents infringement of a means-plus-function limitation, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment of non-infringement based on an...more
Where a court holds a claim obvious without making findings of secondary considerations, the lack of specific consideration of secondary considerations ordinarily requires a remand....more
On February 20, 2013, in Brilliant Instruments, Inc. v. GuideTech, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore,* Reyna) reversed and remanded the district court's summary judgment that Brilliant did...more