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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous - In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s...more
On March 30, 2016, District Court Judge Joseph F. Bianco granted defendant Twitter Inc.’s (“Twitter”) motions for summary judgment of invalidity and non-infringement against plaintiff EasyWeb Innovations, LLC (“EasyWeb”),...more
Globus Medical, Inc. v. Depuy Synthes Products, LLC., et al., C.A. No. 13-854-LPS, August 14, 2015 - Stark, C.J. Claim construction opinion regarding 10 terms from 2 patents-in-suit...more
Cornerstone Biopharma Inc., et al. v Exela Pharma Sciences LLC, et al., C.A. No. 13-1275 - GMS, July 9, 2015. Sleet, J. The court construes 4 terms in a case with four patents in suit....more
The patent at issue relates to a user interface for the driver of a vehicle. In a related matter, the granted summary judgment that the patent-in-suit was anticipated by prior art. The parties then submitted supplemental...more
Andrews, J. Claim construction opinion regarding x disputed terms from 6 patents. Oral argument took place on May 22, 2015. The disputed product relates to ritanovir. The disputed claims construed are...more