News & Analysis as of

Markman Hearing

Fish & Richardson

ITC Monthly Wrap-Up: February 2024

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In February, the International Trade Commission (ITC) instituted three new Section 337 investigations: Certain Oil Vaporizing Devices, Components Thereof, and Products Containing the Same, 337-TA-1392; Certain Network...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: December 2023

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This post reviews developments from the Northern, Southern, Eastern, and Western Districts of Texas in December 2023. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Malvern Panalytical Inc. v. TA Instruments-Waters LLC (Fed. Cir. 2023)

One of the characteristics of patent infringement litigation in the aftermath of the Supreme Court's decision in Markman v. Westview Instruments, Inc. (holding that claim construction was a matter of law to be reviewed de...more

IMS Legal Strategies

[Webinar] The Art of Teaching Complex Technology in Patent Litigation - October 5th, 12:00 pm - 1:00 pm ET

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No matter how complex or arcane the technology in a patent dispute might be, there is always a way to simplify it. Everything can be distilled down into clear, concise, and accurate explanations that judges, juries, and other...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2023 #3

Medtronic, Inc. et al. v. Teleflex Innovations S.A.R.L., Appeal Nos. 2021-2356, -2358, -2361, -2363, and -2365 (Fed. Cir. May 24, 2023) In this week’s Case of the Week, a split panel of the Federal Circuit considered...more

McDermott Will & Emery

Patent Law Principles Apply to Claim Scope: Orange Book Delisting and Listing and Regulations

The US Court of Appeals for the Federal Circuit ordered that the only Orange Book patent asserted in a lawsuit must be delisted since its claims were directed to the computer-implemented distribution system and not a method...more

Goodwin

Chief Judge of Western District of Texas Changes Waco Patent Case Assignment System

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On July 25, 2022, the chief judge of the U.S. District Court for the Western District of Texas issued an order specifying that all future patent cases filed in the Waco Division will be randomly assigned to one of the 12...more

Weintraub Tobin

District Court Stays Litigation for Second Time Pending Patent Review

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In WAG Acquisition LLC v. Flying Crocodile Inc et al, 2-19-cv-01278 (WDWA Dec. 28, 2021), the Court granted defendants’ motion to stay pending ex parte reexamination even though the case had already previously been stayed...more

Fox Rothschild LLP

Judge Andrews Issues Markman Opinion Construing Remaining Terms In Dispute In Four Patents-In-Suit In Infringement Action...

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By Memorandum Opinion entered in Conformis, Inc. v. Medacta USA, Inc., Civil Action No. 19-1528-RGA (D.Del. March 4, 2021), The Honorable Richard G. Andrews construed the remaining terms in dispute in the four (4)...more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 1st Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

Fox Rothschild LLP

Judge Andrews Issues Markman Opinion Construing Five Remaining Terms In Dispute In Six Patents-In-Suit In Hatch-Waxman Action

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By Memorandum Opinion entered in Allergan USA, Inc. et al. v. Aurobindo Pharma Ltd., et al., Civil Action No. 19-1727-RGA (D.Del. January 11, 2021), The Honorable Richard G. Andrews construed the five (5) remaining terms in...more

WilmerHale

A Guide To West Texas Patent Cases Before Albright: Part 1

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On Sept. 24, 2018, Alan Albright was sworn in as a U.S. district court judge — and the only U.S. district court judge — for the Waco Division of the U.S. District Court for the Western District of Texas. A former U.S....more

Weintraub Tobin

Make Sure You Follow The Patent Local Rules!

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An unpublished decision from the Northern District of California emphasizes how important it is for attorneys to follow patent local rules. Patent local rules are rules that many federal district courts have for patent...more

Akin Gump Strauss Hauer & Feld LLP

District Court Awards Post-Markman Attorneys’ Fees After Plaintiff Continued to Litigate Claims That Became Baseless in Light of...

A federal judge in the Eastern District of Virginia granted defendant Amazon.com, Inc.’s motion for attorneys’ fees under 35 U.S.C. § 285, ordering plaintiff Innovation Sciences, LLC to pay over $700,000 in fees that accrued...more

Weintraub Tobin

District Court Stays Discovery Deadlines Because Of Coronavirus Threat But Keeps Markman Hearing On Calendar

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On March 6, 2020, a Central District Court in UPL NA Inc. f/k/a United Phosphorous, Inc. v. Tide International (USA), Inc. et al, 8-19-cv-01201 (CDCA 2020-03-06, Order) (Ronald S.W. Lew), issued an order that may become more...more

Fox Rothschild LLP

Judge Andrews Issues Markman Ruling In Infringement Action Construing Three Terms In Dispute In Asserted Claims In Patents-In-Suit

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By Memorandum Opinion entered by The Honorable Richard G. Andrews in Novartis Pharmaceuticals Corp. et al. v. Mylan Pharmaceuticals Inc., Civil Action No. 17-389-RGA (D.Del. June 29, 2018), the Court rendered its Markman...more

Fox Rothschild LLP

Judge Andrews Issues Markman Ruling In Infringement Action Construing Nine (9) Disputed Terms In Patents-In-Suit

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By Memorandum Opinion entered by The Honorable Richard G. Andrews in Sanofi-Aventis U.S. LLC et al. v. Merck Sharp & Dohme Corp., Civil Action No. 16-812-RGA (D.Del. January 12, 2018), the Court rendered its Markman ruling...more

Jones Day

Asserted Claims Found Indefinite in Electrical Connectors Investigation

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In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite. He accordingly found the asserted claims invalid, stayed the Investigation,...more

Womble Bond Dickinson

Considering the Human Elements in IP Litigation

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At the heart of intellectual property litigation are people: People who are disputing the uniqueness and similarities of products and trademarks. The dispute is resolved through the decisions made by judges, arbiters, and...more

Proskauer - New England IP Blog

Computer-Based Publishing Patent Goes Offline after Alice Inquiry

In a recent order from the District of Massachusetts, the court granted a defendant’s motion for summary judgment in a patent infringement dispute, finding the asserted patent claims invalid under 35 U.S.C. § 101. The court’s...more

Fox Rothschild LLP

Judge Andrews Issues A Markman Ruling In Infringement Action Construing Remaining Term In Dispute In Patent-In-Suit

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By Order entered by The Honorable Richard G. Andrews in Blackbird Tech LLC d/b/a Blackbird Technologies v. Lenovo (United States) Inc., Civil Action No. 16-140-RGA (D.Del. June 19, 2017), the Court rendered its Markman ruling...more

Proskauer - New England IP Blog

Amended Contentions Deemed Timely Served Due to Parties’ Misunderstanding

Under some circumstances, party error can excuse late-filed amendments to infringement and invalidity contentions, according to a recent decision by Judge F. Dennis Saylor IV. Approximately five years ago, plaintiff DataTern,...more

Proskauer - New England IP Blog

Court Denies Attempt to Prevent “Plain and Ordinary” Claim Construction Proposals

The presumption that claim terms should be interpreted using their plain and ordinary meaning, absent express intent to the contrary, has long been a staple in claim construction. Parties often submit proposed constructions...more

Morris James LLP

Claim Terms Are Construed In Antifungal Drug Case

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Stark, C. J. Claim construction opinion issues regarding seven terms from one patent. A Markman hearing took place on October 24, 2016. The disputed technology relates to pharmaceutical compositions for poorly soluble,...more

Morris James LLP

Claim Terms Are Construed In Medical Devices Case

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Andrews, J. Claim construction opinion issues regarding two terms from one patent. A Markman hearing took place on November 17, 2016. The disputed technology relates to biometric belt connectors....more

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