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
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
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
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
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
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
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
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
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
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
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
Andrews, J. Claim construction opinion issues regarding six terms from three patents. A Markman hearing took place on November 15, 2016. The disputed technology relates to devices and methods for distributing signals...more
Stark, C. J. Claim construction opinion issues regarding nine terms from three patents. A Markman hearing took place on October 7, 2016. The disputed technology relates to bed rail systems that can be used to prevent...more
Andrews, J. Claim construction opinion issues regarding two terms from one patent. A Markman hearing took place on September 21, 2016. The disputed technology relates to pharmaceutical compositions containing isoforms...more
Stark, J. Claim construction opinion issues regarding seven terms from four patents. A Markman hearing took place on October 19, 2016. The disputed technology relates to new crystalline modifications of hydrochloride...more
Robinson, J. Claim construction opinion issues regarding seventeen terms from five patents. A Markman hearing took place on October 6, 2016. The disputed technology relates to code sequencing in wireless communication...more
Stark, C. J. Claim construction opinion issues regarding four terms from two patents. A Markman hearing took place on August 9, 2016. The disputed terms are related to controlled-release formulations of the drug...more
Stark, C. J. Claim construction opinion issues regarding twenty-seven terms from four patents. A Markman hearing took place on August 29, 2016.The disputed technology relates to interactive computer networks and...more
Several months ago, we were struck with the question of whether, as counsel for a patent owner at the ITC, our clients’ case would benefit from a Markman hearing. Claim construction during an ITC investigation was routinely...more
Andrews, J. Claim construction opinion issues regarding eleven terms from five patents. A Markman hearing took place on August 10, 2016. The disputed technology relates fabricating thin film transistor array. The...more
Thynge, C.M. J. Claim construction opinion issues regarding eight terms from one patent. A Markman hearing took place on June 3, 2016. The disputed technology relates photovoltaic roofing assembly. The following terms...more
The disputed technology relates to formulations containing budesonide, which are used to treat ulcerative colitis. The following terms were considered...more
It is axiomatic that the claims of a patent describe the invention, and for Alice challenges, define whether an invention is drawn to an abstract idea without an inventive concept. Of course, claims are construed in light of...more
In parallel decisions regarding litigation over the same patent, the Federal Circuit affirmed a District Court decision that the claims were invalid for indefiniteness under 35 U.S.C. § 112(b). This decision, expressly...more
Stark, C. J. Claim construction opinion issues regarding one term from one patent. A Markman hearing took place on May 3, 2016. Defendants presented the testimony of an expert at the hearing, and plaintiff cross-examined....more