News & Analysis as of

Patent Infringement

Chief Judge Stark Overrules Parties’ Objections And Adopts Magistrate Judge Fallon’s Recommended Constructions Of Two Disputed...

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in Alcon Research, Ltd. v. Watson Laboratories, Inc., Civil Action No. 16-129-LPS-SRF (D.Del. November 9, 2017), the Court overruled the objections of plaintiff...more

Little Life Left in Promega v. Life Technologies Dispute

In Promega Corporation v. Life Technologies Corporation, Nos. 2013-1011, -1029, -1376 (Fed. Cir. Nov. 3, 2017), on remand from the Supreme Court, the Federal Circuit reviewed its prior holdings and considered whether they...more

Federal Circuit Ruling Makes It Possible To Move For A Change In Venue Even In Patent Infringement Cases In Which The Deadline For...

by Brinks Gilson & Lione on

On November 15, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision that could provide opportunities for defendants in pending patent litigation to file motions to change venue even in cases in which...more

Federal Circuit Clarifies Venue Waiver After TC Heartland

by Snell & Wilmer on

The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. In In re Micron Technology, Inc.,...more

Patent Invalidation Paves the Way for Automated Fare Collection Systems

by Holland & Knight LLP on

Next generation automated fare collection systems (AFC) typically characterized by open architecture designs, open payment approaches, and contactless card readers, are being installed in an increasing number of public...more

Patents in the burgeoning cannabis industry

by Farella Braun + Martel LLP on

With cannabis legal in 29 states for medical use and in eight states for recreational use, there is a surge of entrepreneurism and an influx of capital into the rapidly expanding cannabis industry. Although cannabis remains a...more

Unknown Problem Plus Nonobvious Solution Cannot Render Patent for Sublingual Formulation of Asenapine Obvious

by McDermott Will & Emery on

The District Court for the District of Delaware found Forest Labs’ patent for sublingual or buccal compositions of asenapine and methods of using such compositions to treat mental disorders, including schizophrenia and mania,...more

Ferring Pharms. Inc. v. Par Pharm., Inc.

by Robins Kaplan LLP on

Case Name: Ferring Pharms. Inc. v. Par Pharm., Inc., Civ. No. 1:15-cv-173-RGA, 2017 U.S. Dist. LEXIS 106491 (D. Del. July 11, 2017) (Andrews, J.). Drug Product and U.S. Patent: Prepopik® (sodium picosulfate, magnesium...more

Patent Venue: The Federal Circuit Resolves Widespread Disagreement Among District Courts

by Stinson Leonard Street on

In Micron Technology, the Federal Circuit resolved widespread disagreement about TC Heartland and motions to transfer venue in patent cases. The Federal Circuit held that TC Heartland changed controlling law and, thus, that...more

Federal Circuit Holds TC Heartland Is an Intervening Change in the Law

by Morgan Lewis on

The court offers clarification on a patent litigation venue issue that has caused “widespread disagreement” nationwide....more

Federal Circuit Rules That TC Heartland Is A Change Of Law Preventing A Waiver Of Venue, But Rules That A Forfeiture Of Venue May...

by Orrick - IP Landscape on

Granting Petition for Writ of Mandamus, In re: Micron Technology, Fed. Cir. (November 15, 2017) - In the wake of the Supreme Court’s decision in TC Heartland, courts had been struggling with the question of whether...more

Reversed! Failure To Assert Robust Nonobviousness Arguments During IPR Led To Reversal By The Federal Circuit

by Orrick - IP Landscape on

Owens Corning v. Fast Felt Corporation, Fed. Cir. (October 11, 2017) - During inter partes review proceedings, the Patent Trial and Appeal Board (“PTAB”) is required to give claims their broadest reasonable construction in...more

Pfizer Inc. v. Mylan Pharms. Inc.

by Robins Kaplan LLP on

Case Name: Pfizer Inc. v. Mylan Pharms. Inc., No. 15-79-GMS, 2017 U.S. Dist. LEXIS 125634 (D. Del. Aug. 9 2017) (Sleet, J.). Drug Product and Patent(s)-in-Suit: Toviaz® (fesoterodine fumarate extended-release tablets);...more

Patent Eligibility Pointers from the Federal Circuit – Part 2

In Part 1 of this post series, several decisions from the Court of Appeals for the Federal Circuit (CAFC) were analyzed to explore factors that may lead a court to find patent claims ineligible under §101. The cases discussed...more

Federal Circuit Provides Guidance on Probative Value of “Patent Dance” Letters and aBLA Parameters in an Infringement Analysis

by Fish & Richardson on

On November 13th, in an opinion drafted by Judge Taranto, the Federal Circuit affirmed the Southern District Court of Florida’s judgment that Apotex’s biosimilar versions of Neulasta® and Neupogen® do not infringe Amgen’s...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Sanofi v. Watson Labs., the Circuit affirms a determination of induced infringement of one patent and direct infringement of another, thus assuring Sanofi another 12 years of exclusivity as to its Multaq® atrial...more

Intellectual Ventures I LLC v. Erie Indemnity Co. (Fed. Cir. 2017)

Intellectual Ventures I (IV) brought an action against Erie Indemnity Company in the Western District of Pennsylvania, alleging infringement of U.S. Patent No. 7,757,298. Erie filed a motion to dismiss under Rule 12(b)(6),...more

NJ Court Grants Exceptional Case Fees Based on Speculative Infringement Suit

by McDermott Will & Emery on

The US District Court for the District of New Jersey awarded Luitpold more than $210,000 in fees and costs under 35 USC § 285 after granting its motion for judgment on the pleading under Fed. R. Civ. P. 12(c) (ANDA Update,...more

Reckitt Benckiser LLC v. Amneal Pharms. LLC

by Robins Kaplan LLP on

Case Name: Reckitt Benckiser LLC v. Amneal Pharms. LLC, Nos. 15-2155 (RMB/JS), 15-4524 (RMB/JS), 2017 U.S. Dist. LEXIS 133998 (D.N.J. Aug. 22 2017) (Bumb, J.). Drug Product and Patent(s)-in-Suit: Mucinex® (guaifenesin);...more

Generic Defendants Shed No Tears after Winning Motion to Add Incorrect Inventorship Defense

by McDermott Will & Emery on

The US District Court for the Eastern District of Texas granted defendants' motion to amend their pleadings after the deadline for amending had passed. Allergan v. Teva Pharmaceuticals USA, No. 15-1455-WCB, 2017 WL 1512334...more

Impression Products v. Lexmark: How Can Sellers Protect Themselves After Their Patent Rights Are Exhausted? Two Examples and One...

by Fish & Richardson on

I was on a panel at the Patent Law in Global Perspectives Seminar on October 20 at Stanford Law School, discussing the implications of Impression Products, Inc. v. Lexmark, 581 U.S. ___, 137 S. Ct. 1523 (2017), for patent...more

Federal Circuit Review - October 2017

by Knobbe Martens on

Federal Circuit Denies En Banc Rehearing in Mentor Graphics v. EVE-USA - In Mentor Graphics Corp. v. Eve-USA, Inc., Appeal Nos. 2015-1470, 2015-1554, 2015-1556, the Federal Circuit denied Synopsys’ and EVE’s petition for...more

Cloud Security Firm Zscaler Faces Patent Litigation

by Shook, Hardy & Bacon L.L.P. on

Over the past year, Symantec has filed two lawsuits asserting over a dozen patents against Zscaler’s cloud security platform, claiming in its Complaints that newcomer Zscaler “has gained momentum in the marketplace through...more

Supernus Pharms., Inc. v. TWi Pharms., Inc.

by Robins Kaplan LLP on

Case Name: Supernus Pharms., Inc. v. TWi Pharms., Inc., 15-369 (RMB/JS), 2017 U.S. Dist. LEXIS 154446 (D.N.J. Sept. 21, 2017) (Bumb, J.). Drug Product and Patent(s)-in-Suit: Oxtellar XR® (oxcarbazepine); U.S. Patents Nos....more

Emerging issues in the connected cars and autonomous vehicles market are influencing standard-essential patents and IP...

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells partner Celine Jimenez Crowson addresses the relationship between standard-essential patents (SEPs) and the connectivity technologies used in connected and autonomous vehicles...more

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Cybersecurity

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