News & Analysis as of

Patent Infringement

A Wish for Nonexistent Cheap Drugs Is Not Standing to Sue

The recent releases of highly effective, and highly priced, drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. One recent chapter is instructive,...more

Federal Circuit clarifies that patent venue is proper only in a single judicial district within a multi-district state

In our continuing coverage of the post-TC Heartland landscape, the Federal Circuit recently clarified that venue is proper in only one district per state in In re BigCommerce, Inc., 2018-122 (Fed. Cir. May 15, 2018) (slip...more

EDTX & NDTX Monthly Wrap-Up — April 2018

by Fish & Richardson on

This post is our latest review of noteworthy case developments in the Eastern and Northern Districts of Texas for the month of April 2018. Two subjects stand out this month from the Eastern District: (1) testimony of damages...more

New ITC Rules For Patent Infringement Cases: Adding Fuel To The Ultimate Rocket Docket

by Weintraub Tobin on

The United States International Trade Commission (“ITC”) is a Federal agency that deals with matters involving trade. Among its many responsibilities, the ITC investigates a variety of issues related to trade including...more

Federal Circuit Issues Two Decisions Impacting Standing to Challenge Validity of Pharma Patents

Two recent Federal Circuit decisions address when a party has standing to challenge the validity of a patent. Though the cases arose in different contexts, they both center on the question of what it means for a party to be...more

The Federal Circuit Limits Where Corporations "Reside"

On May 15, 2018, the United States Court of Appeals for the Federal Circuit decided In Re: BigCommerce, holding that for the purposes of the patent-specific venue statute, 28 U.S.C. § 1400(b), a domestic corporation...more

Potential Issues for “Not Yet Practicing” PTAB Petitioners: Constitutional Requirements for Appealing PTAB Decisions

by Orrick - IP Landscape on

Order Reversing-In-Part, Vacating-In-Part, and Remanding, Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc., Appeal No. 2017-1487 (Fed. Cir. May 2, 2018) (Judge Evan J. Wallach) - Occasionally, a company may file a...more

Ten-Year Silence After Initial Cease-and-Desist Letter Is Sufficiently Misleading as to Provide Basis for Equitable Estoppel

The District Court for the Central District of California recently found that plaintiff Akeso Health Sciences, LLC’s 10-year delay in filing its patent infringement claims justified granting defendant Designs for Health,...more

In re BigCommerce: Federal Circuit Continues to Limit the Scope of Proper Patent Venue

by Fenwick & West LLP on

Despite going undisturbed for nearly 30 years, the patent venue statute — 28 U.S.C. § 1400(b) — has undergone a near-complete overhaul by appellate courts in just the past 12 months. Starting with the U.S. Supreme Court’s...more

M-I Drilling Fluids UK Ltd. v. Dynamic Air LTDA

by Knobbe Martens on

Federal Circuit Summaries - Before Hughes, Reyna, Stoll. Appeal from the District of Minnesota. Summary: Specific personal jurisdiction over a foreign corporation is proper when the foreign corporation allegedly...more

Who Knows What "Most Convenient" Is? Judge Failla Rules Claims Are Indefinite

On May 11, 2018, United States District Judge Katherine Polk Failla ruled that claims 1 and 2 of U.S. Patent No. 6,340,189 (“the ’189 patent”), drawn to a device that is placed in a “position most convenient” to a user, were...more

ITC Institutes Investigation Based on Allegation of Drug Sales Without FDA Approval

by Jones Day on

Normally, it is the FDA that monitors the improper distribution of drugs. But, as it turns out, the International Trade Commission (“ITC”) might be able to enter the fray too. On April 18, 2018, the ITC issued a notice...more

Willfulness Finding in EDTX Ruling in TCL v. Ericsson Illustrates the Risk to Accused Infringers of Failing to Investigate...

In a May 10, 2018 ruling, discussed earlier on this blog, Magistrate Judge Payne affirmed the jury’s willfulness finding largely on the ground that TCL did not proffer any evidence that it held a subjective, good faith belief...more

Additional Discovery: Must Be More Than Mere Possibility

by Jones Day on

The PTAB recently denied a motion for additional discovery that sought the production of documents argued to be relevant to inventorship. In Watson Laboratories, Inc. v. United Therapeutics, Corp., Case IPR2017-01621 and...more

Nearly One Year After TC Heartland, Federal Circuit Addresses Unanswered Venue Questions in a Trio of Decisions

by Ropes & Gray LLP on

Almost one year after the Supreme Court’s landmark patent venue decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Federal Circuit continues to address the consequences of the Supreme Court’s decision for...more

Mandamus for the rest of us - The Federal Circuit continues its trend of clarifying patent venue post-TC Heartland

On May 22, 2017, the Supreme Court fundamentally narrowed patent venue by unanimously holding in TC Heartland that patent holders must follow the patent venue statute, 28 U.S.C. § 1400(b), which requires suing (1) “where the...more

Federal Circuit Law Governs Venues In Patent-Infringement Suits, And Plaintiffs Bear The Burden To Establish Proper Venue

by Orrick - IP Landscape on

Order Granting Mandamus, In re: ZTE (USA) Inc., Fed. Cir. (May 14, 2018) (Judge Richard Linn) - In a rare grant of a mandamus petition, the Federal Circuit made two key holdings related to venue in patent cases in the wake...more

In Re ZTE (USA) Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Reyna, Linn, and Hughes. On Petition for Writ of Mandamus to the Eastern District of Texas. Summary: Under Federal Circuit law, the plaintiff bears the burden of showing that venue is...more

Patent law in Europe: What pharmaceutical companies need to know

by Hogan Lovells on

Increasing competition within Europe’s pharmaceutical space makes knowing the market and understanding available patent protections more critical than ever for both well established and new market players. Andreas von Falck...more

Federal Circuit Addresses Standing in Decision on Appeal from PTAB

by Goodwin on

Last week, the Federal Circuit issued a decision in Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, in which the court held that Altaire had standing to appeal the PTAB’s final written decision in a post-grant review...more

Some Fed. Circ. Guidance On Patent Pleading Standard - Law360

After having its complaint for patent infringement dismissed for failure to state a claim and being denied its request to file an amended complaint in the Middle District of Georgia, Disc Disease Solutions turned to the...more

Aids Healthcare Foundation, Inc. v. Gilead Sciences, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before NEWMAN, DYK, and STOLL. Appeal from the Northern District of California. Summary: A consumer of a patented product has no standing under the Declaratory Judgment Act to challenge the...more

Jury Orders Apple Inc. to Pay $500 Million to VirnetX for Infringing Patents Covering A Secure Communication Link

by Knobbe Martens on

Patent Judgments & Awards - In April 2018, a jury in the Eastern District of Texas awarded VirnetX Inc. (“VirnetX”) a total of more than $500,000,000 in its patent infringement suit against Apple Inc. (“Apple”). The four...more

USPTO Proposes Change In Claim Construction Standard For PTAB Proceedings Under The AIA

by Weintraub Tobin on

Currently, the standard for claim construction is different in AIA reviews before the United States Patent and Trademark Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB) than in proceedings in federal district courts...more

Upon Reconsideration, E.D.Tex. Judge Affirms Ericsson’s Previously-Vacated Jury Award Against TCL

On May 10, 2018, Magistrate Judge Payne reconsidered his previous March 2018 order which had vacated a jury award, and granted plaintiff Ericsson’s motion for reconsideration. The May ruling makes clear that the accused...more

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