News & Analysis as of

Patent-in-Suit Claim Construction

Robins Kaplan LLP

Taiho Pharma Co. v. MSN Labs Private Ltd.

Robins Kaplan LLP on

Lonsurf® (tipiracil) - Case Name: Taiho Pharma Co. v. MSN Labs Private Ltd., No. 19-2342-JLH (D. Del. Jan. 23, 2025) (Hall, J.)  Drug Product and Patent(s)-in-Suit: Lonsurf® (tipiracil); U.S. Patent No. 10,457,666 (“the ’666...more

Robins Kaplan LLP

Alcon Inc. v. Padagis Israel Pharms. Ltd.

Robins Kaplan LLP on

Simbrinza® (brinzolamide / brimonidine) - Case Name: Alcon Inc. v. Padagis Israel Pharms. Ltd., Civ. No. 22-1422-WCB, 2025 WL 457119 (D. Del. Feb. 5, 2025) (Bryson, C.J.)  Drug Product and Patent(s)-in-Suit:  Simbrinza®...more

Robins Kaplan LLP

Exelixis, Inc. v. MSN Labs. Private Ltd.

Robins Kaplan LLP on

Cabometyx® (cabozantinib (L)-malate) - Case Name: Exelixis, Inc. v. MSN Labs. Private Ltd., No. 22-228-RGA, 2024 WL 4491176 (D. Del. Oct. 15, 2024) (Andrews, J.)  Drug Product and Patent(s)-in-Suit: Cabometyx®...more

Robins Kaplan LLP

Novartis Pharms. Corp. v. MSN Pharms., Inc.

Robins Kaplan LLP on

Entresto® (valsartan/sacubitril) - Case Name: Novartis Pharms. Corp. v. MSN Pharms., Inc., Nos. 2024-2211, 2024-2212, 2024 WL 4969281 (Fed. Cir. Dec. 4, 2024) (Circuit Judges Lourie, Prost, and Reyna presiding; Opinion by...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2023 #3

Sequoia Technology, LLC v. Dell, Inc., Appeal Nos. 2021-2263, -2264, -2265, -2266 (Fed. Cir. April 12, 2023) In an appeal from a stipulated judgment of noninfringement and invalidity following an adverse claim construction...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2022 #4

Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) - In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence...more

Haug Partners LLP

Federal Circuit Emphasizes the Importance of Prosecution History in Resolving Ambiguous Claim Terms in University of Massachusetts...

Haug Partners LLP on

On June 13, 2022, the Federal Circuit issued a precedential opinion that vacated the district court’s judgment of indefiniteness, deciding that the ruling was based on an erroneous claim construction. The patents-in-suit...more

Robins Kaplan LLP

Horizon Medicines LLC v. Alkem Labs. Ltd. (UPDATED)

Robins Kaplan LLP on

Case Name: Horizon Medicines LLC v. Alkem Labs. Ltd., No. 2021-1480, 2021 WL 5315424 (Fed. Cir. Nov. 16, 2021) (Circuit Judges Dyk, O’Malley, and Hughes presiding; Opinion by Dyk, J.) (Appeal from D. Del., Andrews, J.)...more

Weintraub Tobin

District Court Stays Litigation for Second Time Pending Patent Review

Weintraub Tobin on

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

Jones Day

Expired Patents Can Be Challenged

Jones Day on

Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v....more

Fox Rothschild LLP

District of Delaware Denies Defendant’s Motion For Further Construction Of Previously Construed Claim Term In Dispute But Leaves...

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Maryellen Noreika in Sentient Sensors, LLC v. Cypress Semiconductor Corp., Civil Action No. 19-1868-MN (D.Del. June 24, 2021), the Court denied Defendant Cypress Semiconductor...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bio-Rad Laboratories, Inc. v. International Trade Comm. (Fed. Cir. 2021)

Last week, the Federal Circuit affirmed imposition of an exclusion order under 19 U.S.C. § 1337 (Section 337 of the Tariff Act of 1930) by the Federal Trade Commission against 10X Genomyx (an intervenor in this appeal) over...more

Mintz - Intellectual Property Viewpoints

Best Practices for Clearances and Opinions

Last week, Mintz Member Lisa Adams moderated a panel discussion between in-house attorneys that covered best practices for conducting patent clearances and obtaining non-infringement and invalidity opinions. The panel...more

Haug Partners LLP

Threshold Issues, Misdirected Lawyering, and a Frustrated Federal Circuit

Haug Partners LLP on

The Federal Circuit, in an opinion by Judge O’Malley, did not hold back in expressing its displeasure in being asked to resolve a claim construction dispute in AntennaSys, Inc., v. AQYR Technologies, Inc. and Windmill...more

Troutman Pepper Locke

Federal Circuit Review - Issue 277

Troutman Pepper Locke on

277-1 Federal Circuit Affirms District Court Claim Construction in Foundation Pile Patent Infringement Dispute - The United States Court of Appeal for the Federal Circuit recently upheld the Central District of...more

Jones Day

SCOTUS Says “Fresenius/Simmons Preclusion Principle” Stays Alive

Jones Day on

The Supreme Court recently denied Chrimar Systems, Inc. (Chrimar)’s petition for certiorari seeking to overturn the Federal Circuit’s “Fresenius/Simmons preclusion principle,” under which Chrimar’s district court victory...more

Akin Gump Strauss Hauer & Feld LLP

Eastern District of Texas Rejects Apple’s Request for a Stay Under the Customer-Suit Exception to the First-to-File Rule Based in...

Chief Judge Rodney Gilstrap of the Eastern District of Texas issued a decision addressing motions to stay a patent infringement case under the “customer-suit exception” to the general first-to-file rule. Judge Gilstrap...more

Fox Rothschild LLP

Judge Noreika Issues Memorandum Order Construing Three Terms In Dispute In Patent-In-Suit

Fox Rothschild LLP on

By Memorandum Order entered in Trimr, LLC v. PerfectShaker, Inc., et al., C.A. No. 18-1640-MN (D.Del., October 28, 2019), The Honorable Maryellen Noreika construed three (3) terms in dispute in the patent-in-suit, U.S. Patent...more

Foley & Lardner LLP

Statements of Efficacy and Safety Material Claim Limitations

Foley & Lardner LLP on

In Allergan Sales, LLC v. Sandoz, Inc., (Fed. Cir. 2018-2207, Aug. 29, 2019), the Federal Circuit held that “wherein” clauses in a patent claim were limitations because the “wherein” elements were material to patentability....more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Five Stories of 2018

After reflecting upon the events of the past twelve months, Patent Docs presents its 12th annual list of top patent stories. For 2018, we identified fifteen stories that were covered on Patent Docs last year that we believe...more

Fox Rothschild LLP

Judge Noreika Adopts Magistrate Judge Fallon’s Recommended Constructions Of Six Disputed Claim Terms And Modifies The Construction...

Fox Rothschild LLP on

By Memorandum Opinion and Order entered by The Honorable Maryellen Noreika in Agrofresh Inc. v. Mirtech, Inc. et al., Civil Action No. 16-662-MN-SRF (D.Del. January 2, 2019), the Court overruled-in-part and sustained-in-part...more

Orrick, Herrington & Sutcliffe LLP

Strategic Advice for Defending an Investigation in the U.S. ITC from a Position of Strength

The U.S.-China trade relationship is at an especially unique moment following the countries’ imposition of tariffs on hundreds of billions of dollars of each other’s goods....more

Jones Day

IPR Proceedings: Extrinsic or Intrinsic Evidence for Claim Construction?

Jones Day on

In district courts’ claim construction analyses, intrinsic evidence is of paramount importance. Although extrinsic evidence “may be useful to the court,” it is considered “less significant” than the claim language,...more

Patterson Belknap Webb & Tyler LLP

Judge Cote Rules Claim Preamble is Limiting and Not So “Elastic” as to Be Indefinite

On August 4, 2017, District Judge Denise Cote issued a claim construction order that held the preamble of claim 1 of Lumos Technology Co., Ltd.'s ("Lumos") U.S. Patent No. 8,746,906 ("the '906 patent") is limiting and that a...more

Morris James LLP

Claims are construed in computer networking case

Morris James LLP on

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

36 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide