News & Analysis as of

Judgment As A Matter Of Law Prior Art Patent Litigation

WilmerHale

Federal Circuit Patent Watch: The Board should not have to decode a petition

WilmerHale on

Precedential and Key Federal Circuit Opinions - CYNTEC COMPANY, LTD. v. CHILISIN ELECTRONICS CORP., CHILISIN AMERICA LTD. [OPINION] (2022-1873, 10/16/23) (Moore, Stoll, Cunningham) - Stoll, J. The Court reversed the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bayer Healthcare LLC v. Baxalta Inc. (Fed. Cir. 2021)

Last week, the Federal Circuit affirmed a jury verdict against Baxalta Inc., Baxalta US Inc., and Nektar Therapeutics for infringing Bayer Healthcare's patent to human blood clotting factor conjugates in Bayer Healthcare LLC...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Network-1 Tech., Inc. v. Hewlett-Packard Co. et....

Network-1 sued HP, among others, for patent infringement. Another defendant then filed an inter partes review (IPR) petition. Following institution, HP filed its own petition on different grounds and a motion to join the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Vectura Ltd. v. GlaxoSmithKline LLC (Fed. Cir. 2020)

Trial courts tend to get more than the benefit of the doubt when their decisions are viewed under the "abuse of discretion" standard, and juries similarly are affirmed unless there isn't substantial evidence supporting their...more

Knobbe Martens

Federal Circuit Review - September 2020

Knobbe Martens on

Joining an IPR Triggers IPR Estoppel Only for Instituted Grounds - In Network-1 Technologies, Inc. v. Hewlett-Packard Company, Hewlett Packard Enterprise Company , Appeal No. 18-2338, the Federal Circuit held that a party...more

Knobbe Martens

Joining an IPR Triggers IPR Estoppel Only for Instituted Grounds

Knobbe Martens on

NETWORK-1 TECHNOLOGIES, INC. v. HEWLETT-PACKARD COMPANY, HEWLETT PACKARD ENTERPRISE COMPANY - Before Prost, Newman, and Bryson. Appeal from the United States District Court for the Eastern District of Texas. Summary: A...more

McDonnell Boehnen Hulbert & Berghoff LLP

Valeant Pharmaceuticals Int'l v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2020)

Summary judgment, while clearly advantageous, requires that there be no disputed question of material fact and that the moving party is entitled to judgment as a matter of law.  When a district court grants judgment...more

Knobbe Martens

Time Is of the Essence: Preserve Objections to the Jury Instructions

Knobbe Martens on

HAFCO FOUNDRY AND MACHINE CO. v. GMS MINE REPAIR - Before Newman, Chen, and Stoll. Opinion filed per curiam. Appeal from the Southern District of West Virginia. Summary: Objections to jury instructions should be timely...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Water Services, Inc. v. Novozymes A/S (Fed. Cir. 2019)

Earlier this year, in U.S. Water Services, Inc. v. Novozymes A/S, the Federal Circuit reversed a decision by the U.S. District Court for the Western District of Wisconsin, partially granting judgment as a matter of law in...more

McDonnell Boehnen Hulbert & Berghoff LLP

Comparison of Design Patent and Trade Dress Protection in Light of the Federal Circuit’s Decision in Apple v. Samsung

In a decision authored by Chief Judge Sharon Prost, the Federal Circuit held that while design patents covering product configurations – that is, “a product feature or a combination or arrangement of features” – can protect...more

McDermott Will & Emery

Non-Analogous Art Is Not Prior Art for Purposes of Obviousness - Circuit Check Inc. v. QXQ Inc.

McDermott Will & Emery on

Addressing the issue of obviousness, the U.S. Court of Appeals for the Federal Circuit reversed the district court and restored the jury’s verdict finding the patents-at-issue not invalid, because the prior art in dispute was...more

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