News & Analysis as of

Patent Invalidity

Foley & Lardner LLP

Necessity Is The Mother Of Single Reference Anticipation By Inherency

by Foley & Lardner LLP on

The January 29, 2020, Federal Circuit decision in Galderma Laboratories, L.P. v. Teva Pharmaceuticals USA, Inc., is a non-precedential decision that was issued on the briefs (without oral argument), but is worth reviewing for...more

Akin Gump Strauss Hauer & Feld LLP

District Court Rejects Plaintiff’s Bid to Extend IPR Estoppel to Institution Denials

A federal judge in the Northern District of California recently rejected an argument that would have expanded inter partes review (IPR) estoppel seemingly beyond the plain reading of 35 U.S.C. § 315(e)(2). The plaintiff had...more

Holland & Knight LLP

No More Ripples from Pebble Tide; Data Output Patents Found to be Abstract, Invalid

by Holland & Knight LLP on

Over the past year, Pebble Tide LLC has asserted its two patents against an array of companies – from banks and insurance companies to entertainment conglomerates – alleging that the defendants infringe patents related to...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Life Sciences Report - February 2020

About the PTAB Life Sciences Report:  We will periodically report on developments at the PTAB involving life sciences patents. Abbott Laboratories v. Edwards Lifesciences Corp. PTAB Petition:  IPR2020-00480; filed January...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Papst Licensing GMBH & Co. v. Samsung Elec. Am., Inc., 924...

Samsung successfully petitioned for inter partes review (IPR) of several of Papst’s patents, including U.S. Patent No. 9,189,437. Prior to the Patent Trial and Appeal Board (PTAB) finding the claims of the ’437 patent...more

McDermott Will & Emery

A Lot of Hot Air? Obviousness Testimony Must Come from POSITA

by McDermott Will & Emery on

Addressing a jury verdict of invalidity, the US Court of Appeals for the Federal Circuit found that the district court abused its discretion in allowing trial testimony regarding obviousness from a lay witness, and remanded...more

American Conference Institute (ACI)

[Event] Paragraph IV Disputes - April 27th - 28th, New York, NY

Meet and Network with The Key Influencers Shaping the Law, Policy and Proceedings of Paragraph IV Litigation - Each spring, leading pharmaceutical patent litigators for brand name and generic drug companies gather at the...more

Goodwin

Litigation Update: Genentech’s Motion to Dismiss Amgen’s Counterclaims Denied in Avastin Biosimilar Litigation

by Goodwin on

On February 11, 2020, in the Biogen v. Amgen BPCIA litigation regarding MVASI (bevacizumab-awwb), Amgen’s biosimilar of AVASTIN, Judge Colm Connolly of the Delaware District Court denied most of Genentech’s motion to dismiss...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Arctic Cat Inc. v. GEP Power Prod., Inc., 919 F.3d 1320...

GEP Power Products, Inc. petitioned for inter partes review (IPR) of two patents owned by Arctic Cat Inc. directed to an electrical-connection box for distributing power to various electrical components, including components...more

McDonnell Boehnen Hulbert & Berghoff LLP

Pebble Tide LLC v. Arlo Technologies, Inc. (D. Del. 2020)

Claims Directed to Capture and Output of Digital Content Held Patent Ineligible - A few weeks ago, the U.S. District Court for the District of Delaware granted Defendants' Rule 12 motions in three different cases, each...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Campbell Soup Company v. Gamon Plus, Inc., 939 F.3d 1335...

Campbell Soup petitioned for inter partes review (IPR) of Gamon’s design patents D612,646 and D621,645. The Patent Trial and Appeal Board (PTAB) instituted the IPR and determined that Campbell Soup did not establish...more

McDonnell Boehnen Hulbert & Berghoff LLP

CareDX, Inc. v. Natera, Inc. (D. Del. 2020)

Ever since the Supreme Court's decision in Mayo Collaborative Services v. Prometheus Laboratories was handed down in 2012, diagnostic method claims have been routinely invalidated by the district courts and those decisions...more

McDermott Will & Emery

IPR Institution Limited By the Petition, But Not Limited as to the Express Teachings of the Prior Art

by McDermott Will & Emery on

In an appeal from the Patent Trial and Appeal Board (PTAB), the US Court of Appeals for the Federal Circuit held that although the PTAB erred by instituting review based on a ground not advanced in the petition, the PTAB...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2020 #2

PATENT CASE OF THE WEEK - Samsung Electronics America, Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, -1260 (Fed. Cir. Feb. 4, 2020) - Our case of the week concerns issues particular to inter partes review...more

McDonnell Boehnen Hulbert & Berghoff LLP

HVLPO2, LLC v. Oxygen Frog, LLC (Fed. Cir. 2020)

Expert witness testimony is a frequent (almost ubiquitous) feature of patent litigation, if only because questions of the state of the art or the understanding of one having ordinary skill in the art are almost always at...more

Knobbe Martens

Non-Expert Testimony on Obviousness Is Inadmissible

by Knobbe Martens on

HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more

Smart & Biggar

Seedlings’ LifeCard patent found invalid and not infringed by Pfizer’s EpiPen

by Smart & Biggar on

On January 2, 2020, the Federal Court issued a decision by Justice Grammond finding certain claims of Patent No. 2,486,935 (935 Patent) invalid on the basis of anticipation, obviousness and overbreadth: Seedlings Life Science...more

Holland & Knight LLP

"Not A Close Call" – Taxicab Credit Card System Patent Found to be Abstract, Invalid

by Holland & Knight LLP on

Curb Mobility sued a handful of taxicab companies in the U.S. District Court for the District of Nevada and alleged infringement of a patent titled "System for Credit Card Acceptance in Taxicabs." Curb's complaint focused on...more

Farella Braun + Martel LLP

Strategy Lessons From Wells Fargo Fintech Patent Litigation

United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2020

PATENT CASE OF THE WEEK - Koninklijke Philips N.V. v. Google LLC, et al., Appeal No. 2019-1177 (Fed. Cir. Jan. 30, 2020) - In the Federal Circuit’s only precedential decision this week, the Court affirmed a PTAB finding...more

BakerHostetler

[Webinar] Patent Law: 2019 Year End Review (and 2020 Preview) - February 26th, 12:00 pm ET

by BakerHostetler on

This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2019 and what issues are...more

Akin Gump Strauss Hauer & Feld LLP

Far-Reaching Effect of IPR Estoppel Dooms Invalidity Defense Based on Prior Art Product

Chief Judge Stark granted a patent owner’s motion for summary judgment of inter partes review (IPR) estoppel, holding that obviousness defenses based on a prior art product could not be asserted because a prior art...more

Holland & Knight LLP

SDNY: Collateral Estoppel Halts Social Media Patent Case

by Holland & Knight LLP on

In late 2018, Plaintiff NetSoc sued Chegg in the U.S. District Court for the Southern District of New York (SDNY), alleging infringement of a patent directed to "establishing and using a social network to facilitate people in...more

Morgan Lewis

District Court Applies IPR Estoppel to Physical Products That Are Materially the Same as Available Publications

by Morgan Lewis on

In Wasica Finance GmbH v. Schrader International, et al., the US District Court of Delaware found that a defendant’s failed inter partes review (IPR) challenge estopped it from later raising invalidity theories in the...more

Jones Day

Motion to Amend Available Only For Challenged Claims

by Jones Day on

In Apple v. Uniloc 2017 LLC, the patent owner moved to amend the claims contingent on an unpatentability finding by the Board. The contingent amendment cancelled the original claims and replaced them with a new claim set. The...more

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